Common use of Reports Filed on Form 8-K Clause in Contracts

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on the 4th Business Day after the Reportable Event, the Depositor shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). 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 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, 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)

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Reports Filed on Form 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q Q-3 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to this transaction the Xxxxxx XS Trust Mortgage Pass-Through Certificates, Series 2007-16N transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an 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 the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptlyelectronically, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business Noon New York city time on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing a draft copy of the Form 8-K. K to the Exchange Act Signing Party for review and approval. If the Master Servicer is the Exchange Act Signing Party, then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (f) of this Section 6.21(d)6.20. Promptly (but no later than 1 one Business Day) after the deadline for filing such form with the Commission, the Securities Administrator will Trustee will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(c6.20(e) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii6.20(e). The Securities Administrator Trustee shall not have any no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2007-16n)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q J hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a duly authorized officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d) of this Section 6.21(d)8.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(c8.04(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii8.04(c). The Neither the Securities Administrator nor the Master Servicer shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare prepare, execute and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homebanc Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the Luminent Mortgage Trust 2006-4 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a duly authorized officer of the Depositor Master Servicer shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Luminent 2006-4)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q hereto O 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the HarborView Mortgage Loan Trust 2006-7 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a copy of the Form 8-K to the Depositor for reviewand XxXxx Xxxxxx LLP. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes change to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on A duly authorized representative of the 4th Business Day after the Reportable Event, the Depositor Master Servicer shall sign the each Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.19.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harborview 2006-7)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q hereto T 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the Xxxxxxxxx Mortgage Securities Trust 2007-4 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph; provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor for reviewDepositor. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on A duly authorized representative of the 4th Business Day after the Reportable Event, the Depositor Master Servicer shall sign the each Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow filed by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on the 4th Business Day after the Reportable Event, the Depositor shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). 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 8-K prepared and filed by the Securities Administrator. The parties to this 213965 Sequoia 2007-1 Pooling and Servicing Agmt. Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, 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 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q Q-3 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to this transaction the Xxxxxx XS Trust Mortgage Pass-Through Certificates, Series 2007-15N transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an 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 the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptlyelectronically, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business Noon New York city time on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing a draft copy of the Form 8-K. K to the Exchange Act Signing Party for review and approval. If the Master Servicer is the Exchange Act Signing Party, then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (f) of this Section 6.21(d)6.20. Promptly (but no later than 1 one Business Day) after the deadline for filing such form with the Commission, the Securities Administrator will Trustee will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(c6.20(e) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii6.20(e). The Securities Administrator Trustee shall not have any no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2007-15n)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q hereto T 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the Xxxxxxxxx Mortgage Securities Trust 2006-6 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor for reviewDepositor. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on A duly authorized representative of the 4th Business Day after the Reportable Event, the Depositor Master Servicer shall sign the each Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow filed by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd)(ii) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any Issuer a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the CertificatesOffered Notes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q hereto T 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund Issuer is subject to the Exchange Act reporting requirements, no later than the end close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the Txxxxxxxx Mortgage Securities Trust 2007-1 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor for reviewDepositor. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on A duly authorized representative of the 4th Business Day after the Reportable Event, the Depositor Master Servicer shall sign the each Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow filed by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd)(ii) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.19.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on the 4th Business Day after the Reportable Event, the Depositor shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). 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 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2006-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph.two paragraphs. 217412 HomeBanc 2007-1 Pooling and Servicing Agreement (ii) As set forth on Exhibit Q J hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a duly authorized officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d) of this Section 6.21(d)8.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(c8.04(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii8.04(c). The Neither the Securities Administrator nor the Master Servicer shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare prepare, execute and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homebanc Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the Xxxxxxxxx Mortgage Securities Trust 2006-1 transaction shall be required to provide to the Securities Administrator and the DepositorAdministrator, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, (ii) the Securities Administrator shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiiii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)

Reports Filed on Form 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q Q-3 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to this transaction the GreenPoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series 2007-AR2 transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an 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 the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptlyelectronically, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business Noon New York city time on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing a draft copy of the Form 8-K. K to the Exchange Act Signing Party for review and approval. If the Master Servicer is the Exchange Act Signing Party, then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (f) of this Section 6.21(d)6.20. Promptly (but no later than 1 one Business Day) after the deadline for filing such form with the Commission, the Securities Administrator will Trustee will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(c6.20(e) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii6.20(e). The Securities Administrator Trustee shall not have any no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, 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 8-K, 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 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q hereto T 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph; provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor for reviewDepositor. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on A duly authorized representative of the 4th Business Day after the Reportable Event, the Depositor Master Servicer shall sign the each Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow filed by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, 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 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q Q-3 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to this the 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an 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 the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptlyelectronically, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business Noon New York city time on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing a draft copy of the Form 8-K. K to the Exchange Act Signing Party for review and approval. If the Master Servicer is the Exchange Act Signing Party, then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (f) of this Section 6.21(d)6.20. Promptly (but no later than 1 one Business Day) after filing with the Commission, the Securities Administrator will Trustee will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(c6.20(e) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii6.20(e). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2006-12n)

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Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any Issuer a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the CertificatesOffered Notes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q hereto T 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund Issuer is subject to the Exchange Act reporting requirements, no later than the end close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the Xxxxxxxxx Mortgage Securities Trust [ ] transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor for reviewDepositor. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on A duly authorized representative of the 4th Business Day after the Reportable Event, the Depositor Master Servicer shall sign the each Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow filed by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd)(ii) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q J hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a duly authorized officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d) of this Section 6.21(d)8.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(c8.04(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii8.04(c). The Neither the Securities Administrator nor the Master Servicer shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare prepare, execute and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HomeBanc 2007-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the CertificatesNotes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph.two paragraphs. 201359 HomeBanc 2006-2 Transfer and Servicing Agreement (ii) As set forth on Exhibit Q O hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a duly authorized officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d) of this Section 6.21(d)8.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(c8.04(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii8.04(c). The Neither the Securities Administrator nor the Master Servicer shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare prepare, execute and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Homebanc Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Trust Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this transaction the Sequoia Mortgage Trust 200-___transaction shall be required to provide to the Securities Administrator and the DepositorTrust Administrator, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, (ii) the Trust Administrator shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiiii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. 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 Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Trust Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Trust Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Trust Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Trust Administrator will follow the procedures set forth in Section 6.21(d)subsection (d) of this Section. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Trust Administrator will will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Master Servicer and the Trust Administrator of its duties under this Section 6.21(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii6.21(c)(iii). The Securities Neither the Trust Administrator nor the Master Servicer 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 prepare, execute and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Mortgage Funding Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Trust Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, (ii) the Trust Administrator shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiiii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. 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 Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Trust Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Trust Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th 174197 Sequoia Alternative Loan Trust 2006-1 Pooling and Servicing Agmt. Business Day after the Reportable Event, a senior officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Trust Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Trust Administrator will follow the procedures set forth in Section 6.21(d)subsection (d) of this Section. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Trust Administrator will will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Master Servicer and the Trust Administrator of its duties under this Section 6.21(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii6.21(c)(iii). The Securities Neither the Trust Administrator nor the Master Servicer 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 prepare, execute and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit Q hereto O 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business noon (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a copy of the Form 8-K to the Depositor for reviewDepositor. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes change to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon New York City time on A duly authorized officer of the 4th Business Day after the Reportable Event, the Depositor Master Servicer shall sign the each Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, 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 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q T hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this the Luminent Mortgage Trust 2006-2 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in Section 6.21(d). Promptly subsection (but no later than 1 Business Dayd) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 6.21(c) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii). 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 and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct3.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-2)

Reports Filed on Form 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Certificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q hereto to the Depositor and the Securities Administrator and reviewed and approved or disapproved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q Q-3 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to this transaction the GreenPoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series 2007-AR3 transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an 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 the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward electronically a copy of the Form 8-K to the Depositor for review. Promptlyelectronically, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business Noon New York city time on the 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing a draft copy of the Form 8-K. K to the Exchange Act Signing Party for review and approval. If the Master Servicer is the Exchange Act Signing Party, then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (f) of this Section 6.21(d)6.20. Promptly (but no later than 1 one Business Day) after the deadline for filing such form with the Commission, the Securities Administrator will Trustee will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Administrator Trustee of its duties under this Section 6.21(c6.20(e) related to the timely preparation and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii6.20(e). The Securities Administrator Trustee shall not have any no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Trust Agreement (GreenPoint Mortgage Funding Trust 2007-Ar3)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the DepositorManager, the Securities Administrator Indenture Trustee shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor Manager, on behalf of the Trust, shall file the initial Form 8-K in connection with the issuance of the CertificatesBonds. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q hereto to direction of the Depositor and the Securities Administrator and reviewed and approved or disapproved by the Depositor Manager pursuant to the following paragraph and the Securities Administrator Indenture Trustee will have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraph. (ii) As set forth on Exhibit Q K hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this transaction the Sequoia Mortgage Trust 200_-___transaction shall be required to provide to the Securities Administrator and the DepositorTrustee, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, in EXXXX-compatible form, or in such other form as otherwise agreed upon by the Securities Administrator Indenture Trustee and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and Notification, (ii) the Depositor Indenture Trustee shall forward to the Manager, the form and substance of the Form 8-K Disclosure Information, and (iii) the Manager will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Indenture Trustee in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator Indenture Trustee shall forward electronically a draft copy of the Form 8-K to the Depositor Servicer and Manager for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor Manager and the Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) Indenture Trustee of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, the Depositor Manager shall cause a senior officer of the Servicer in charge of the servicing function to sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorIndenture Trustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Indenture Trustee will follow the procedures set forth in Section 6.21(d)subsection (d) of this Section. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will Indenture Trustee will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Securities Administrator Servicer and the Indenture Trustee of its duties under this Section 6.21(c3.14(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii3.14(c)(iii). The Securities Administrator Neither the Indenture Trustee nor the Servicer 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 prepare, execute and/or timely file such Form 8-K, where such failure results from the Securities AdministratorIndenture Trustee’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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Sequoia Mortgage Funding Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Trust Fund any a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the CertificatesNotes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit Q 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 Form 8-K Disclosure Information or any Form 8-K, except as set forth in the next paragraphtwo paragraphs. (ii) As set forth on Exhibit Q O hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than the end of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to this 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 officer thereof, a notice in the form of Exhibit L attached hereto, along with, 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 Form 8-K Disclosure Information, if applicable, together with 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 Form 8-K Disclosure Information. The Depositor Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information on in Form 8-K pursuant to this paragraph. (iii) After preparing the Form 8-K, the Securities Administrator shall forward electronically a draft copy of the Form 8-K to the Master Servicer and Depositor for review. Promptly, but no No later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the 3rd Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. No later than noon Noon New York City time on the 4th Business Day after the Reportable Event, a duly authorized officer of the Depositor Master Servicer in charge of the master servicing function shall sign the Form 8-K and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d) of this Section 6.21(d)8.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of its their respective duties under this Section 6.21(c8.04(c) related to the timely preparation preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 6.21(c)(ii8.04(c). The Neither the Securities Administrator nor the Master Servicer shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare prepare, execute and/or timely file such Form 8-K, 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 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2006-2)

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