Common use of Reports to the Securities and Exchange Commission Clause in Contracts

Reports to the Securities and Exchange Commission. (a) The Servicer shall reasonably cooperate with the Depositor and the Master Servicer in connection with the Trust's satisfying its reporting requirements under the Exchange Act. (b) The Servicer hereby agrees to reasonably cooperate to enable the Trust to fully comply with all Securities and Exchange Commission ("SEC") disclosure and reporting requirements in effect from time to time with respect to the Trust and any securities representing ownership interests in or backed by assets of the Trust, including without limitation, Regulation AB. (c) The Servicer hereby acknowledges and agrees that the Depositor, the Master Servicer and the Securities Administrator are relying on its performance of its obligations under Sections 2.17 and 2.18 in order to perform their respective obligations under Section 3.22 of the Pooling and Servicing Agreement. (d) The Servicer shall notify the Master Servicer of any proceedings of the type described in Item 1117 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. In addition, the Servicer shall notify the Master Servicer of any affiliations or relationships that develop following the Closing Date between the Servicer and any of parties listed in Item 1119 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. (e) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to the deadline for the filing of any distribution report on Form 10-D in respect of any securitization transaction that includes any of the BANA Mortgage Loans serviced by the Servicer or any Subservicer, the Servicer or such Subservicer, as applicable, shall, to the extent the Servicer or such Subservicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice of the occurrence of any of the following events along with all information, data, and materials related thereto as may be required to be included in the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB); and (iii) information regarding new asset-backed securities issuances backed by the same pool assets, any material pool asset changes (such as, additions, substitutions or repurchases), and any material changes in origination, underwriting or other criteria for acquisition or selection of pool assets (Item 1121(a)(14) of Regulation AB). Upon request, the Servicer shall provide to the Master Servicer and the Depositor evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports, and such other information related to the Servicer or any Subservicer or the Servicer or such Subservicer's performance hereunder. The obligations set forth in paragraphs (d) and (e) of this Section shall only apply with respect to periods for which reports are required to be filed with respect to the Trust under the Exchange Act.

Reports to the Securities and Exchange Commission. (a) The Servicer shall reasonably cooperate with the Depositor and the Master Servicer in connection with the Trust's satisfying its reporting requirements under the Exchange Act. (b) The Servicer hereby agrees to reasonably cooperate to enable the Trust to fully comply with all Securities and Exchange Commission ("SEC") disclosure and reporting requirements in effect from time to time with respect to the Trust and any securities representing ownership interests in or backed by assets of the Trust, including without limitation, Regulation AB. (c) The Servicer hereby acknowledges and agrees that the Depositor, the Master Servicer and the Securities Administrator are relying on its performance of its obligations under Sections 2.17 and 2.18 in order to perform their respective obligations under Section 3.22 of the Pooling and Servicing Agreement. (d) The Servicer shall notify the Master Servicer of any proceedings of the type described in Item 1117 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. In addition, the Servicer shall notify the Master Servicer of any affiliations or relationships that develop following the Closing Date between the Servicer and any of parties listed in Item 1119 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. (e) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to the deadline for the filing of any distribution report on Form 10-D in respect of any securitization transaction that includes any of the BANA Mortgage Loans serviced by the Servicer or any Subservicer, the Servicer or such Subservicer, as applicable, shall, to the extent the Servicer or such Subservicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice of the occurrence of any of the following events along with all information, data, and materials related thereto as may be required to be included in the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB); and (iii) information regarding new asset-backed securities issuances backed by the same pool assets, any material pool asset changes (such as, additions, substitutions or repurchases), and any material changes in origination, underwriting or other criteria for acquisition or selection of pool assets (Item 1121(a)(14) of Regulation AB). Upon request, the Servicer shall provide to the Master Servicer and the Depositor evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports, and such other information related to the Servicer or any Subservicer or the Servicer or such Subservicer's performance hereunder. (f) The Servicer shall notify the Master Servicer if the Servicer transfers the servicing with respect to any BANA Mortgage Loans pursuant to Section 4.04(b) within two Business Days of any such transfer. The obligations set forth in paragraphs (d), (e) and (ef) of this Section shall only apply with respect to periods for which reports are required to be filed with respect to the Trust under the Exchange Act.

Reports to the Securities and Exchange Commission. (a) The Within 15 days after each Distribution Date, the Master Servicer shall, in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System ("XXXXX"), a Form 8-K with a copy of the statement to be furnished by the Securities Administrator to the Noteholders for such Distribution Date as an exhibit thereto. Prior to [o], the Master Servicer shall, in accordance with industry standards, file a Form 15 Suspension Notice with respect to the Trust Fund, if applicable. Prior to [o] and annually thereafter (if required), the Master Servicer shall file a Form 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Such Form 10-K shall include, to the extent available, as exhibits (i) each applicable Servicer's annual statement of compliance described under the related Servicing Agreement, (ii) each applicable Servicer's accountants report described under the related Servicing Agreement, (iii) the Master Servicer's accountant's report described in Section 12.15, if applicable, in each case to the extent timely delivered, if applicable, to the Master Servicer, and (iv) a written certification signed by an officer of the Master Servicer that complies with the Xxxxxxxx-Xxxxx Act of 2002 as in effect on the date of this Agreement and the August 27, 2002, Statement by the Staff of the Division of Corporation Finance of the Commission Regarding Compliance by Asset-Backed Issuers with Exchange Act Rules 13a-14 and 15d-14 as in effect as of the date of this Agreement. If items (i) and (ii) in the preceding sentence are not timely delivered, the Master Servicer shall file an amended Form 10-K including such documents as exhibits reasonably promptly after they are delivered to the Master Servicer. The Indenture Trustee hereby grants to the Master Servicer a limited power of attorney to execute and file each Form 8-K and Form 10-K on behalf of the Trust Fund. Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Depositor and the Indenture Trustee each agree to promptly furnish to the Master Servicer, from time to time upon request, such further information, reports and financial statements within its control related to this Agreement and the Mortgage Loans as the Master Servicer reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Master Servicer will cooperate with the Depositor in connection with any additional filings with respect to the Trust Fund as the Depositor deems necessary under the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"). Copies of all reports filed by the Master Servicer under the Exchange Act shall be sent to the Depositor. (b) The Master Servicer shall indemnify and hold harmless the Depositor, the Indenture Trustee and their respective officers, directors and Affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach of the Master Servicer's obligations under this Section 9.9 or the Master Servicer's negligence, bad faith or willful misconduct in connection therewith. Fees and expenses incurred by the Master Servicer in connection with the Trust's satisfying its reporting requirements under the Exchange Act. (b) The Servicer hereby agrees to reasonably cooperate to enable this Section 9.9 shall not be reimbursable from the Trust to fully comply with all Securities and Exchange Commission ("SEC") disclosure and reporting requirements in effect from time to time with respect to the Trust and any securities representing ownership interests in or backed by assets of the Trust, including without limitation, Regulation ABFund. (c) The Servicer hereby acknowledges and agrees that the Depositor, the Master Servicer and the Securities Administrator are relying on its performance of its obligations under Sections 2.17 and 2.18 in order to perform their respective obligations under Section 3.22 of the Pooling and Servicing Agreement. (d) The Servicer shall notify the Master Servicer of any proceedings of the type described in Item 1117 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. In addition, the Servicer shall notify the Master Servicer of any affiliations or relationships that develop following the Closing Date between the Servicer and any of parties listed in Item 1119 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. (e) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to the deadline for the filing of any distribution report on Form 10-D in respect of any securitization transaction that includes any of the BANA Mortgage Loans serviced by the Servicer or any Subservicer, the Servicer or such Subservicer, as applicable, shall, to the extent the Servicer or such Subservicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice of the occurrence of any of the following events along with all information, data, and materials related thereto as may be required to be included in the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB); and (iii) information regarding new asset-backed securities issuances backed by the same pool assets, any material pool asset changes (such as, additions, substitutions or repurchases), and any material changes in origination, underwriting or other criteria for acquisition or selection of pool assets (Item 1121(a)(14) of Regulation AB). Upon request, the Servicer shall provide to the Master Servicer and the Depositor evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports, and such other information related to the Servicer or any Subservicer or the Servicer or such Subservicer's performance hereunder. The obligations set forth in paragraphs (d) and (e) of this Section shall only apply with respect to periods for which reports are required to be filed with respect to the Trust under the Exchange Act.

Reports to the Securities and Exchange Commission. (a) The Within 15 days after each Distribution Date, the Master Servicer shall, in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (“EXXXX”), a Form 8-K with a copy of the statement to be furnished by the Securities Administrator to the Certificateholders for such Distribution Date as an exhibit thereto. Prior to [Ÿ], the Master Servicer shall, in accordance with industry standards, file a Form 15 Suspension Notice with respect to the Trust Fund, if applicable. Prior to [Ÿ] and annually thereafter (if required), the Master Servicer shall file a Form 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Such Form 10-K shall include, to the extent available, as exhibits (i) each applicable Servicer’s annual statement of compliance described under the related Servicing Agreement, (ii) each applicable Servicer’s accountants report described under the related Servicing Agreement, (iii) the Master Servicer’s accountant’s report described in Section 8.15, if applicable, in each case to the extent timely delivered, if applicable, to the Master Servicer, and (iv) a written certification signed by an officer of the Master Servicer that complies with the Sxxxxxxx-Xxxxx Act of 2002 as in effect on the date of this Agreement and the August 27, 2002, Statement by the Staff of the Division of Corporation Finance of the Commission Regarding Compliance by Asset-Backed Issuers with Exchange Act Rules 13a-14 and 15d-14 as in effect as of the date of this Agreement. If items (i) and (ii) in the preceding sentence are not timely delivered, the Master Servicer shall file an amended Form 10-K including such documents as exhibits reasonably promptly after they are delivered to the Master Servicer. The Trustee hereby grants to the Master Servicer a limited power of attorney to execute and file each Form 8-K and Form 10-K on behalf of the Trust Fund. Such power of attorney shall continue until either the earlier of (i) receipt by the Master Servicer from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Depositor and the Trustee each agree to promptly furnish to the Master Servicer, from time to time upon request, such further information, reports and financial statements within its control related to this Agreement and the Mortgage Loans as the Master Servicer reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Master Servicer will cooperate with the Depositor in connection with any additional filings with respect to the Trust Fund as the Depositor deems necessary under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Copies of all reports filed by the Master Servicer under the Exchange Act shall be sent to the Depositor. (b) The Master Servicer shall indemnify and hold harmless the Depositor, the Trustee and their respective officers, directors and Affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach of the Master Servicer’s obligations under this Section 4.9 or the Master Servicer’s negligence, bad faith or willful misconduct in connection therewith. Fees and expenses incurred by the Master Servicer in connection with the Trust's satisfying its reporting requirements under the Exchange Act. (b) The Servicer hereby agrees to reasonably cooperate to enable this Section 4.9 shall not be reimbursable from the Trust to fully comply with all Securities and Exchange Commission ("SEC") disclosure and reporting requirements in effect from time to time with respect to the Trust and any securities representing ownership interests in or backed by assets of the Trust, including without limitation, Regulation ABFund. (c) The Servicer hereby acknowledges and agrees that the Depositor, the Master Servicer and the Securities Administrator are relying on its performance of its obligations under Sections 2.17 and 2.18 in order to perform their respective obligations under Section 3.22 of the Pooling and Servicing Agreement. (d) The Servicer shall notify the Master Servicer of any proceedings of the type described in Item 1117 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. In addition, the Servicer shall notify the Master Servicer of any affiliations or relationships that develop following the Closing Date between the Servicer and any of parties listed in Item 1119 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's knowledge thereof. (e) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to the deadline for the filing of any distribution report on Form 10-D in respect of any securitization transaction that includes any of the BANA Mortgage Loans serviced by the Servicer or any Subservicer, the Servicer or such Subservicer, as applicable, shall, to the extent the Servicer or such Subservicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice of the occurrence of any of the following events along with all information, data, and materials related thereto as may be required to be included in the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB); and (iii) information regarding new asset-backed securities issuances backed by the same pool assets, any material pool asset changes (such as, additions, substitutions or repurchases), and any material changes in origination, underwriting or other criteria for acquisition or selection of pool assets (Item 1121(a)(14) of Regulation AB). Upon request, the Servicer shall provide to the Master Servicer and the Depositor evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports, and such other information related to the Servicer or any Subservicer or the Servicer or such Subservicer's performance hereunder. The obligations set forth in paragraphs (d) and (e) of this Section shall only apply with respect to periods for which reports are required to be filed with respect to the Trust under the Exchange Act.

Reports to the Securities and Exchange Commission. (a) The Servicer shall reasonably cooperate with the Depositor and the Master Servicer in connection with the Trust's ’s satisfying its reporting requirements under the Exchange Act. (b) The Servicer hereby agrees to reasonably cooperate to enable the Trust to fully comply with all Securities and Exchange Commission ("“SEC"”) disclosure and reporting requirements in effect from time to time with respect to the Trust and any securities representing ownership interests in or backed by assets of the Trust, including without limitation, Regulation AB. (c) The Servicer hereby acknowledges and agrees that the Depositor, the Master Servicer and the Securities Administrator are relying on its performance of its obligations under Sections 2.17 and 2.18 in order to perform their respective obligations under Section 3.22 of the Pooling and Servicing Agreement. (d) The Servicer shall notify the Master Servicer of any proceedings of the type described in Item 1117 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's ’s knowledge thereof. In addition, the Servicer shall notify the Master Servicer of any affiliations or relationships that develop following the Closing Date between the Servicer and any of parties listed in Item 1119 of Regulation AB, together with a description thereof, within two Business Days of the Servicer's ’s knowledge thereof. (e) In addition to such information as the Servicer is obligated to provide pursuant to other provisions of this Agreement, not later than ten days prior to the deadline for the filing of any distribution report on Form 10-D in respect of any securitization transaction that includes any of the BANA Mortgage Loans serviced by the Servicer or any Subservicer, the Servicer or such Subservicer, as applicable, shall, to the extent the Servicer or such Subservicer has knowledge, provide to the party responsible for filing such report (including, if applicable, the Master Servicer) notice of the occurrence of any of the following events along with all information, data, and materials related thereto as may be required to be included in the related distribution report on Form 10-D (as specified in the provisions of Regulation AB referenced below): (i) any material modifications, extensions or waivers of pool asset terms, fees, penalties or payments during the distribution period or that have cumulatively become material over time (Item 1121(a)(11) of Regulation AB); (ii) material breaches of pool asset representations or warranties or transaction covenants (Item 1121(a)(12) of Regulation AB); and (iii) information regarding new asset-backed securities issuances backed by the same pool assets, any material pool asset changes (such as, additions, substitutions or repurchases), and any material changes in origination, underwriting or other criteria for acquisition or selection of pool assets (Item 1121(a)(14) of Regulation AB). Upon request, the Servicer shall provide to the Master Servicer and the Depositor evidence of the authorization of the person signing any certification or statement, copies or other evidence of Fidelity Bond Insurance and Errors and Omission Insurance policy, financial information and reports, and such other information related to the Servicer or any Subservicer or the Servicer or such Subservicer's ’s performance hereunder. The obligations set forth in paragraphs (d) and (e) of this Section shall only apply with respect to periods for which reports are required to be filed with respect to the Trust under the Exchange Act.