Reports to the Securities and Exchange Commission; Available Information. (a) The Servicer shall prepare and sign, on behalf of the Depositor, any and all Exchange Act Reports; provided, however, that (i) the Depositor shall prepare, sign and file with the Commission the initial Form 8-K relating to the Trust Fund and (ii) the Special Servicer shall prepare and sign on behalf of the Depositor any Exchange Act Report which includes an Annual Compliance Report relating to the Special Servicer. Each Exchange Act Report consisting of a monthly Distribution Date Statement, Comparative Financial Status Report, Delinquent Loan Status Report, Historical Loss Estimate Report, Historical Loan Modification Report, REO Status Report, Operating Statement Analysis, NOI Adjustment Worksheet, Watch List, or report pursuant to Section 4.02(b)(i) shall be prepared as an exhibit or exhibits to a Form 8-K. Each Exchange Act Report consisting of an Annual Compliance Report shall be prepared as exhibits to an Annual Report on Form 10-K and shall identify the aggregate number of Holders of Public Certificates and Direct Participants holding positions in Public Certificates as of December 31 (or the nearest Business Day if such date is not a Business Day) of the related year based on information provided by the Trustee. The Trustee shall provide the Servicer and the Special Servicer with a list of Certificateholders and Direct Participants holding Public Certificates as of December 31 of the related year no later than two Business Days prior to the date on which the Servicer or Special Servicer, as applicable, is required to deliver the related Exchange Act Report to the Trustee. For each Exchange Act Report, the Servicer or the Special Servicer, as applicable, shall prepare (i) a manually-signed paper version of such report and (ii) an electronic version of such report, which version shall be prepared as a Microsoft Word for Windows file (or in such other format as the Trustee, the Depositor and the Servicer or the Special Servicer may agree), provided, that, with respect to the electronic version of each Exchange Act Report consisting of a monthly Distribution Date Statement, the Servicer need only deliver an electronic version of the related Form 8-K and the Trustee shall attach an electronic version of the related monthly Distribution Date Statement thereto as an exhibit. Exchange Act Reports consisting of (i) a monthly Distribution Date Statement shall be filed within ten days after the related Distribution Date; (ii) a Comparative Financial Statu...
Reports to the Securities and Exchange Commission; Available Information. (a) The Trustee the Master Servicer and the Special Servicer shall reasonably cooperate with the Depositor in connection with the Trust Fund's satisfying the reporting requirements under the Exchange Act. The Trustee shall prepare on behalf of the Trust Fund any Forms 8-K and 10-K customary for similar securities as required by the Exchange Act and the rules and regulations of the Commission thereunder, and the Trustee shall sign and file (via EDGAR) such Forms on behalf of the Depositor, until directed in writixx xx the Depositor to discontinue such filings. The Depositor hereby grants to the Trustee a limited power of attorney to execute and file each such document on behalf of the Depositor. Such power of attorney shall continue until the earlier of either (i) receipt by the Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust Fund. Notwithstanding the foregoing, in the event that the Commission does not accept a Certification signed by the Depositor where the related Form 10-K is signed by the Trustee on behalf of the Depositor, the Trustee shall prepare such Form 10-K to be signed by the Depositor and the Depositor shall sign such form.
Reports to the Securities and Exchange Commission; Available Information. The Depositor shall prepare for filing, and the Trustee shall execute, on behalf of the Trust Fund, and file with the Securities and Exchange Commission, any and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. Upon such filing with the Securities and Exchange Commission, the Trustee shall promptly deliver to the Depositor and the Master Servicer a copy of any such executed report, statement or information. The Depositor shall promptly file, and exercise its reasonable best efforts to obtain a favorable response to, no-action requests to, or requests for other appropriate exemptive relief from, the Securities and Exchange Commission regarding the usual and customary exemption from certain reporting requirements granted to issuers of securities similar to the Certificates. The Depositor agrees to indemnify and hold harmless the Trustee with respect to any liability, cost or expenses, including reasonable attorneys' fees, arising from the Trustee's execution of such reports, statements and information that contain errors or omissions or is otherwise misleading, provided, however, that if the indemnification provided for herein is invalid or unenforceable, then the Depositor shall contribute to the amount paid by the Trustee as a result of such liability in such amount as is necessary to limit the Trustee's responsibility for any such payment to any amount resulting from its own negligence or willful misconduct. The Trustee shall have no responsibility to determine whether or not any filing may be required and shall not have any responsibility to review or confirm in any way the accuracy or the sufficiency of the contents of any such filing.
Reports to the Securities and Exchange Commission; Available Information. (a) Based on information furnished to it by the Master Servicer and the Seller (in 80 column unformatted electronic format acceptable to the Trustee) the Trustee will prepare and file with the Securities and Exchange Commission on Forms 8-K and 10-K (including XXXXX filings), on behalf of the Trust Fund the Monthly Distribution Statements, any Special Event Reports provided to it by the Master Servicer in 80 column unformatted electronic format, and any other information reports requested by the Seller provided to it by the Seller in 80 column unformatted electronic format. The Trustee shall have no responsibility to file any items other than those specified in this Section. Prior to January 2, 1999 (and each anniversary thereafter until directed by the Seller to file a Form 15 delisting the transaction), the Trustee shall hire counsel selected by the Seller to file reports on Form 10-K on behalf of the Trust Fund for the preceding fiscal year. Any fees and expenses incurred by the Trustee in connection with this Section (including reasonable attorneys' fees) shall be reimbursed to it by the Seller. Manually-signed copies of each report shall be delivered to the Seller to the attention of the Secretary (or such other Persons as are designated in writing by the Seller), with a copy to the Trustee.
Reports to the Securities and Exchange Commission; Available Information. (a) The Depositor shall prepare for filing, and the Trustee shall execute, on behalf of the Trust Fund, and file with the Securities and Exchange Commission, any and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Depositor shall promptly file, and exercise its reasonable best efforts to obtain a favorable response to, no-action requests to, or requests for other appropriate exemptive relief from, the Securities and Exchange Commission regarding the usual and customary exemption from certain reporting requirements granted to issuers of securities similar to the Certificates. The Depositor agrees to indemnify and hold harmless the Trustee with respect to any liability, cost or expenses, including reasonable attorneys' fees, arising from the Trustee's execution of such reports, statements and information that contain errors or omissions or is otherwise misleading, provided, however, that if the indemnification provided for herein is invalid or unenforceable, then the Depositor shall contribute to the amount paid by the Trustee as a result of such liability in such amount as is necessary to limit the Trustee's responsibility for any such payment to any amount resulting from its own fault.
Reports to the Securities and Exchange Commission; Available Information. (a) The Trustee shall prepare, sign, and electronically file on behalf of the Seller, and at the expense of the Seller, any and all Exchange Act Reports as may be required with respect to the Certificates pursuant to this Agreement; provided, however, that the Seller shall prepare, sign and file with the Commission the initial Form 8-K relating to the Trust Fund. In the event the Seller notifies the Trustee, the Master Servicer and the Special Servicer in writing as to any change in the Exchange Act reporting requirements applicable to the Certificates, the Trustee, the Special Servicer and the Master Servicer shall conform the reporting obligations as set forth herein to any such changes as notified by the Seller. The Master Servicer and the Special Servicer agree to provide such information to the Trustee and such entity as is designated by the Seller pursuant to Section 3.20(f) in a timely fashion as may be requested by the Trustee in connection with such Exchange Act Reports, so that such Exchange Act Reports may be timely filed by the Trustee. Manually-signed copies of each Exchange Act Report shall be delivered to the Seller to the attention of the Secretary (or such other Persons as are designated in writing by the Seller), with a copy to the Trustee.
Reports to the Securities and Exchange Commission; Available Information. (a) The Depositor shall prepare for filing, and the Trustee shall execute, on behalf of the Trust Fund, and file with the Securities and Exchange Commission, any and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. The Depositor shall promptly file, and exercise its reasonable best efforts to obtain a favorable response to, no-action requests to, or requests for other appropriate exemptive relief from, the Securities and Exchange Commission regarding the usual and customary exemption from certain reporting requirements granted to issuers of securities similar to the Certificates. The Depositor agrees to indemnify and hold harmless the Trustee with respect to any liability arising from the Trustee's execution of such reports, statements and information that contain errors or omissions.
Reports to the Securities and Exchange Commission; Available Information. The Master Servicer shall prepare for filing, and the Master Servicer shall execute, on behalf of the Trust Fund, and file with the Securities and Exchange Commission, any and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed on behalf of the Trust Fund under the Exchange Act. Upon such filing with the Securities and Exchange Commission, the Master Servicer shall promptly deliver to the Depositor and the Trustee and the Controlling Class Representative a copy of any such executed report, statement or information. The Depositor shall promptly file, and exercise its reasonable best efforts to obtain a favorable response to, no-action requests to, or requests for other appropriate exemptive relief from, the Securities and Exchange Commission regarding the usual and customary exemption from certain reporting requirements granted to issuers of securities similar to the Certificates. The Trustee shall have no responsibility to determine whether or not any filing may be required and shall not have any responsibility to review or confirm in any way the accuracy or the sufficiency of the contents of any such filing.
Reports to the Securities and Exchange Commission; Available Information. (a) The Servicer and the Trustee shall prepare and the Trustee shall sign and file, on behalf of the Depositor, any and all Exchange Act Reports; provided, however, that (i) the Depositor shall prepare, sign and file with the Commission the initial Form 8-K relating to the Trust Fund and (ii) the Special Servicer shall prepare and sign on behalf of the Depositor any
Reports to the Securities and Exchange Commission; Available Information. (a) The Depositor shall prepare, sign, and electronically file at its own expense, any and all Exchange Act Reports as may be required with respect to the Certificates pursuant to this Agreement. The Trustee, the Special Servicer and the Master Servicer shall conform to the reporting obligations as set forth herein and in the event the Depositor notifies the Trustee, the Master Servicer and the Special Servicer in writing as to any change in the Exchange Act reporting requirements applicable to the Certificates, to any such changes as notified by the Depositor. The Master Servicer, the Special Servicer and the Trustee agree to provide such information to the Depositor and such entity as is designated by the Depositor pursuant to Section 3.20(f) in a timely fashion as may be requested by the Depositor, to the extent such information has been received by the Master Servicer, Special Servicer or the Trustee, as applicable, in connection with such Exchange Act Reports, so that such Exchange Act Reports may be timely filed by the Depositor. The Depositor shall retain the manually-signed copies of each Exchange Act Report and deliver a copy to the Trustee.
