Common use of Reports to Rating Agencies Clause in Contracts

Reports to Rating Agencies. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Trustee shall provide each Rating Agency and each Hedge Counterparty with all information or reports delivered by the Trustee hereunder, and such additional information as each Rating Agency may from time to time reasonably request and the Trustee determines in its sole discretion may be obtained and provided without unreasonable burden or expense. The Issuer shall promptly notify the Trustee and the Owner Trustee if a Rating Agency’s rating of any Class of Notes has been, or it is known by the Issuer that such rating will be, reduced, or qualified or withdrawn. The Issuer, or the Collateral Manager on behalf of the Issuer, also shall deliver to the Rating Agencies, within ten (10) Business Days after each Quarterly Measurement Date, (x) a completed certificate substantially in the form of Exhibit J hereto, and (y) a completed report substantially in the form of Exhibit K hereto. (b) The Issuer, or the Collateral Manager on behalf of the Issuer, shall provide the Rating Agencies with all information and reports delivered to the Trustee hereunder, and shall provide to Fitch on a quarterly basis the files shown in Exhibit I attached hereto, in excel format, relating to Loans and CMBS Securities. (c) All additional reports to be sent to the Rating Agencies pursuant to clause (a) above shall be reviewed prior to such transmission by the Collateral Manager.

Reports to Rating Agencies. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Trustee shall provide each Rating Agency and each Hedge Counterparty with all information or reports delivered by the Trustee hereunder, and such additional information as each Rating Agency may from time to time reasonably request and the Trustee determines in its sole discretion may be obtained and provided without unreasonable burden or expense. The Issuer shall promptly notify the Trustee and the Owner Trustee Preferred Shares Paying Agent if a Rating Agency’s rating of any Class of Notes has been, or it is known by the Issuer that such rating will be, reduced, or qualified or withdrawn. The Issuer, or the Collateral Manager on behalf of the Issuer, also shall deliver to the Rating Agencies, within ten (10) 10 Business Days after each Quarterly Measurement Date, (x) a completed certificate substantially in the form of Exhibit J F hereto, and (y) a completed report substantially in the form of Exhibit K G hereto. (b) The Issuer, or the Collateral Manager on behalf of the Issuer, shall provide the Rating Agencies with all information and reports delivered to the Trustee hereunder, and shall provide to Fitch on a quarterly basis the files shown in Exhibit I attached hereto, in excel format, relating to Loans and CMBS Securities. (c) All additional reports to be sent to the Rating Agencies pursuant to clause (a) above shall be reviewed prior to such transmission by the Collateral Manager.

Reports to Rating Agencies. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Trustee shall provide each Rating Agency and each Hedge Counterparty with all information or reports delivered by the Trustee hereunder, and such additional information as each Rating Agency may from time to time reasonably request and the Trustee determines in its sole discretion may be obtained and provided without unreasonable burden or expense. The Issuer shall promptly notify the Trustee and the Owner Trustee Preferred Shares Paying Agent if a Rating Agency’s rating of any Class of Notes has been, or it is known by the Issuer that such rating will be, reduced, or qualified or withdrawn. The Issuer, or the Collateral Manager on behalf of the Issuer, also shall deliver to the Rating Agencies, within ten (10) 10 Business Days after each Quarterly Measurement Date, (x) a completed certificate substantially in the form of Exhibit J F hereto, and (y) a completed report substantially in the form of Exhibit K G hereto. (b) The Issuer, or the Collateral Manager on behalf of the Issuer, shall provide the Rating Agencies with all information and reports delivered to the Trustee hereunder, and shall provide to Fitch on a quarterly basis the files shown in Exhibit I attached hereto, in excel format, relating to Loans and CMBS Securities. (c) All additional reports to be sent to the Rating Agencies pursuant to clause (a) above shall be reviewed prior to such transmission by the Collateral Manager. (d) The Collateral Manager will use commercially reasonable efforts to provide Fitch with annual operating statement analysis reports in a form generally consistent with the standards of the Commercial Mortgage Securities Association (with respect to Loans) and a quarterly data tape in the form customarily prepared by the Collateral Manager with respect to transactions of this type.

Reports to Rating Agencies. (a) In addition to the information and reports specifically required to be provided to each the Rating Agency Agencies pursuant to the terms of this Indenture, the Trustee Issuer shall provide each the Rating Agency Agencies and each Hedge Counterparty with all information or reports delivered by to the Trustee hereunder, and such additional information as each the Rating Agency Agencies may from time to time reasonably request and the Trustee determines in its sole discretion may be obtained and provided without unreasonable burden or expense. The Issuer shall promptly notify the Trustee and if the Owner Trustee if a Rating Agency’s rating of any Class of on the Notes has been, or it is known by the Issuer that such rating will be, reduced, or qualified changed or withdrawn. The Issuer, or the Collateral Manager on behalf of the Issuer, also shall deliver to the Rating Agencies, within ten (10) Business Days after each Quarterly Measurement Date, (x) a completed certificate substantially in the form of Exhibit J hereto, and (y) a completed report substantially in the form of Exhibit K hereto. (b) The IssuerCollateral Manager shall provide Fitch, or Xxxxx’x and S&P with the current portfolio of all Collateral Interests, in electronic and modifiable form, with report fields as requested by the Rating Agencies no later than the 25th day of each month; provided that the information required for such report fields is reasonably accessible by the Collateral Manager on behalf and the compilation of the Issuer, shall provide the Rating Agencies with all such information and reports delivered is not unduly burdensome to the Trustee hereunder, and shall provide to Fitch on a quarterly basis the files shown in Exhibit I attached hereto, in excel format, relating to Loans and CMBS SecuritiesCollateral Manager. (c) The Collateral Manager will use its best efforts (and to the extent the Collateral Manager has received or has the necessary information in its possession) to provide Fitch, with annual Operating Statement Analysis Reports (“OSARS”) in a form generally consistent with CMSA standards (with respect to Collateral Interests that are Mortgage Loan Interests, Subordinate Mortgage Loan Interests, Mezzanine Loan Interests or Credit Tenant Lease Loans) and a monthly Data Tape substantially in the form annexed hereto as Schedule V no later than the 30th day of each month. All additional reports information required to be sent delivered to Fitch pursuant to this Section 10.8 shall be submitted to the Rating Agencies pursuant to clause (a) above shall be reviewed prior to such transmission by the Collateral Manageraddress for notices set forth herein.

Reports to Rating Agencies. (a) In addition to the information and reports specifically required to be provided to each Rating Agency pursuant to the terms of this Indenture, the Trustee shall provide each Rating Agency and each Hedge Counterparty with all information or reports delivered by the Trustee hereunder, and such additional information as each Rating Agency may from time to time reasonably request and the Trustee determines in its sole discretion may be obtained and provided without unreasonable burden or expense. The Issuer shall promptly notify the Trustee and the Owner Trustee Preferred Shares Paying Agent if a Rating Agency’s 's rating of any Class of Notes has been, or it is known by the Issuer that such rating will be, reduced, or qualified or withdrawn. . (b) The Issuer, Issuer (or the Collateral Manager on behalf of the Issuer, also shall deliver to the Rating Agencies, within ten (10) Business Days after each Quarterly Measurement Date, (x) a completed certificate substantially in the form of Exhibit J hereto, and (y) a completed report substantially in the form of Exhibit K hereto. (b) The Issuer, or the Collateral Manager on behalf of the Issuer, shall provide the Rating Agencies with all information and reports delivered to the Trustee hereunder, and shall provide to Fitch (i) the Operating Statement Analysis Report for each applicable Collateral Debt Security and (ii) on a quarterly basis monthly basis, the files file, shown in Exhibit I T attached hereto, in excel Microsoft Excel format, relating to Loans and CMBS Securities. (c) All additional reports to be sent to the Rating Agencies pursuant to clause (a) above shall be reviewed prior to such transmission by the Collateral Manager. The information referenced in paragraph (b) of this Section 10.13 should be sent to Fitch by e-mail to xxx.xxxxxxxxxxxx@xxxxxxxxxxxx.xxx and xxxxx.xxxxxxx@xxxxxxxxxxxx.xxx or hardcopy to Fitch, Inc., Xxx Xxxxx Xxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, facsimile no.: (212) 908-0500, Attention: Commercial Real Estate Loan CDOs, Performance Analytics, or such other address that Fitch shall designate in the future.