Common use of Reports to the Trustee; Collection Account Statements Clause in Contracts

Reports to the Trustee; Collection Account Statements. (a) The Master Servicer shall deliver to the Paying Agent (in electronic format reasonably acceptable to the Master Servicer and the Paying Agent), with a copy to the Trustee and each Rating Agency, (i) no later than 3:00 p.m. on the third Business Day preceding the related Distribution Date (A) the Servicer Remittance Report with respect to such Determination Date (which shall include, without limitation, the amount of the Available Funds for REMIC I for the related Distribution Date) and (B) a written statement of required P&I Advances for the related Determination Date together with the certificate and documentation required by the definition of Nonrecoverable Advance related to any determination that any such P&I Advance would constitute a Nonrecoverable Advance made as of such Determination Date. The Master Servicer shall not be required to prepare and deliver any of the CMSA SIP files (other than the Loan Periodic File) before the third Distribution Date after the Start-Up Date. (b) For so long as the Master Servicer makes deposits into and withdrawals from the Collection Account, not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee a statement prepared by the Master Servicer setting forth the status of the Collection Account as of the close of business on the last Business Day of the related Collection Period showing the aggregate amount of deposits into and withdrawals from the Collection Account for each category of deposit specified in Section 3.5 and each category of withdrawal specified in Section 3.6 for such Collection Period. (c) The Trustee shall be entitled to rely conclusively on and shall not be responsible for the content or accuracy of any information provided to it by the Master Servicer or the Special Servicer pursuant to this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp), Pooling and Servicing Agreement (PNC Mort Accept Corp Commerc Mort Pass THR Cert Ser 1999 Cm1)

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Reports to the Trustee; Collection Account Statements. (a) The Master Servicer shall deliver to the Paying Agent Trustee (in electronic format reasonably acceptable to solely for the Master Servicer and the Paying Agent), with a copy to the Trustee and each Rating Agency, (ipurposes of determining P&I Advances) no later than 3:00 p.m. the fifth Business Day prior to each Distribution Date a preliminary report containing the information provided on the third Master Servicer Remittance Report and by no later than 1:00 p.m. New York City time on the second Business Day preceding prior to each Distribution Date, the related Distribution Date (A) the Master Servicer Remittance Report with respect to such Determination the related Distribution Date (which shall include, without limitation, a preliminary estimate of the amount of the Available Funds for REMIC I such related Collection Period) including a written statement of anticipated P&I Advances for the related Distribution Date) and (B) a written statement of required P&I Advances for the related Determination Date together with the certificate and documentation required by the definition of Nonrecoverable Advance related to any determination that any such P&I Advance would constitute a Nonrecoverable Advance made as of such Determination Date. The Master Servicer Servicer's responsibilities under this Section 3.13(a) with respect to REO Mortgage Loans shall not be required subject to prepare and deliver any the satisfaction of the CMSA SIP files (other than the Loan Periodic File) before the third Distribution Date after the Start-Up DateSpecial Servicer's obligations under Section 3.24. (b) For so long as the Master Servicer makes deposits into and withdrawals from the Collection Account, not Not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee a statement prepared by the Master Servicer setting forth the status of the Collection Account as of the close of business on the last Business Day of the related Collection Period Distribution Date and showing the aggregate amount of deposits into and withdrawals from the Collection Account for of each category of deposit specified in Section 3.5 3.05 and each category of withdrawal specified in Section 3.6 for such Collection Period3.06 since the preceding Distribution Date. The Trustee and its agents and attorneys may at any time during normal business hours, upon reasonable notice, inspect and copy the books, records and accounts of the Master Servicer solely relating to the Mortgage Loans and the performance of its duties hereunder. (c) The Subject to Section 8.01(b) hereof, the Trustee shall be entitled to rely conclusively on and shall not be responsible for the content or accuracy of any information provided to it by the Master Servicer or the Special Servicer pursuant to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Cap I Inc Comm Mort Pass THR Cer Ser 1998 Xl2)

Reports to the Trustee; Collection Account Statements. (a) The Master Servicer shall deliver to the Paying Agent (in electronic format reasonably acceptable to the Master Servicer and the Paying Agent), with a copy to the Trustee Trustee, the Fiscal Agent and each Rating Agency, (i) no later than 3:00 p.m. on the third Business Day preceding the related Distribution Date, a report indicating the amount of Available Funds and the Current Principal Distribution Amount for such Distribution Date and (ii) no later than 3:00 p.m. central time on the second Business Day preceding the related Distribution Date, (A) the Servicer Remittance Report with respect to such Determination Date (which shall include, without limitation, the amount of the Available Funds for REMIC I for the related Distribution Date) and (B) a written statement of required P&I Advances for the related Determination Date together with the certificate and documentation required by the definition of Nonrecoverable Advance related to any determination that any such P&I Advance would constitute a Nonrecoverable Advance made as of such Determination Date. The Master Servicer shall not be required to prepare and deliver any of the CMSA SIP files (other than the Loan Periodic File) before the third Distribution Date after the Start-Up Date. (b) For so long as the Master Servicer makes deposits into and withdrawals from the Collection Account, not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee a statement prepared by the Master Servicer setting forth the status of the Collection Account as of the close of business on the last Business Day of the related Collection Period showing the aggregate amount of deposits into and withdrawals from the Collection Account for each category of deposit specified in Section 3.5 and each category of withdrawal specified in Section 3.6 for such Collection Period. (c) The Trustee shall be entitled to rely conclusively on and shall not be responsible for the content or accuracy of any information provided to it by the Master Servicer or the Special Servicer pursuant to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 1998 C1)

Reports to the Trustee; Collection Account Statements. (a) The Master Servicer shall deliver to the Paying Agent (in electronic format reasonably acceptable to the Master Servicer and the Paying Agent), with a copy to the Trustee and each Rating Agency, (i) no later than 3:00 p.m. on the third Business Day preceding the related Distribution Date (A) the Servicer Remittance Report with respect to such Determination Date (which shall include, without limitation, the amount of the Available Funds for REMIC I for the related Distribution Date) and (B) a written statement of required P&I Advances for the related Determination Date together with the certificate and documentation required by the definition of Nonrecoverable Advance related to any determination that any such P&I Advance would constitute a Nonrecoverable Advance made as of such Determination Date. The Master Servicer shall not be required to prepare and deliver any of the CMSA SIP files (other than the Loan Periodic File) before the third Distribution Date after the Start-Up Date. (b) For so long as the Master Servicer makes deposits into and withdrawals from the Collection Account, not Not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee and the Depositor a statement prepared by the Master Servicer setting forth the status of the Collection Account as of the close of business on such Distribution Date and showing, for the last Business Day of the related Collection Period showing period covered by such statement, the aggregate amount of deposits into and withdrawals from the Collection Account for of each category of deposit specified in Section 3.5 3.10(a) and each category of withdrawal specified in Section 3.6 3.11. Such statement may be in the form of the then current FNMA Monthly Accounting Report for its Guaranteed Mortgage Pass-Through Program with appropriate additions and changes, and shall also include information as to the aggregate of the outstanding principal balances of all of the Mortgage Loans as of the last day of the calendar month immediately preceding such Collection Period. (c) The Trustee Distribution Date. Copies of such statement shall be entitled provided by the Trustee to rely conclusively on any Certificateholder and shall not be responsible for to any Person identified to the content or accuracy Trustee as a prospective transferee of any information a Certificate, upon request at the expense of the requesting party, provided to it such statement is delivered by the Master Servicer to the Trustee. In the event such firm of independent certified public accountants requires the Trustee to agree to the procedures performed by such firm, the Master Servicer shall direct the Trustee in writing to so agree; it being understood and agreed that the Trustee will deliver such letter of agreement in conclusive reliance upon the direction of the Master Servicer, and the Trustee has not made any independent inquiry or investigation as to, and shall have no obligation or liability in respect of, the Special Servicer pursuant to this Agreementsufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Asset Bk Cert Ser 1998-Aq1)

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Reports to the Trustee; Collection Account Statements. (a) The Master Servicer shall deliver to the Paying Agent (in electronic electronic, downloadable format reasonably acceptable to the Master Servicer and the Paying Agent), with a copy to the Trustee Trustee, the Fiscal Agent and each Rating Agency, (i) no later than 3:00 p.m. on the third Business Day preceding the related Distribution Date (A) the Servicer Remittance Report with respect to such Determination Date (which shall include, without limitation, the amount of the Available Funds for REMIC I Master Servicer Remittance Amount for the related Distribution Date) and (B) a written statement of required P&I Advances for the related Determination Date together with the certificate and documentation required by the definition of Nonrecoverable Advance related to any determination that any such P&I Advance would constitute a Nonrecoverable Advance made as of such Determination Date. The Master Servicer shall not be required to prepare and deliver any of the CMSA SIP IRP reports and files that it is required to deliver (other than the Loan Periodic Update File) before the third Distribution Date after the Start-Up DateStartup Day. (b) For so long as the Master Servicer makes deposits into and withdrawals from the Collection Account, not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee a statement prepared by the Master Servicer setting forth the status of the Collection Account as of the close of business on the last Business Day of the related Collection Period showing the aggregate amount of deposits into and withdrawals from the Collection Account for each category of deposit specified in Section 3.5 and each category of withdrawal specified in Section 3.6 for such Collection Period. (c) The Trustee shall be entitled to rely conclusively on and shall not be responsible for the content or accuracy of any information provided to it by the Master Servicer or the Special Servicer pursuant to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (PNC Mort Sec Corp Com Mort Pass THR Cert Ser 2000-C1)

Reports to the Trustee; Collection Account Statements. (a) The Master Servicer shall deliver to the Paying Trustee and the Fiscal Agent (in electronic format reasonably acceptable to solely for the Master Servicer and the Paying Agent), with a copy to the Trustee and each Rating Agency, (ipurposes of determining P&I Advances) no later than 3:00 p.m. the fifth Business Day prior to each Distribution Date a preliminary report containing the information provided on the third Master Servicer Remittance Report and by no later than 1:00 p.m. New York City time on the second Business Day preceding prior to each Distribution Date, the related Distribution Date (A) the Master Servicer Remittance Report with respect to such Determination the related Distribution Date (which shall include, without limitation, the amount of the Available Funds for REMIC I such related Collection Period) including a written statement of anticipated P&I Advances for the related Distribution Date) and (B) a written statement of required P&I Advances for the related Determination Date together with the certificate and documentation required by the definition of Nonrecoverable Advance related to any determination that any such P&I Advance would constitute a Nonrecoverable Advance made as of such Determination Date. The Master Servicer Servicer's responsibilities under this Section 3.13(a) with respect to REO Mortgage Loans shall not be required subject to prepare and deliver any the satisfaction of the CMSA SIP files (other than the Loan Periodic File) before the third Distribution Date after the Start-Up DateSpecial Servicer's obligations under Section 3.24. (b) For so long as the Master Servicer makes deposits into and withdrawals from the Collection Account, not Not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee a statement prepared by the Master Servicer setting forth the status of the Collection Account as of the close of business on the last Business Day of the related Collection Period Distribution Date and showing the aggregate amount of deposits into and withdrawals from the Collection Account for of each category of deposit specified in Section 3.5 3.05 and each category of withdrawal specified in Section 3.6 for such Collection Period3.06 since the preceding Distribution Date. The Trustee and its agents and attorneys may at any time during normal business hours, upon reasonable notice, inspect and copy the books, records and accounts of the Master Servicer solely relating to the Mortgage Loans and the performance of its duties hereunder. (c) The Subject to Section 8.01(b) hereof, the Trustee shall be entitled to rely conclusively on and shall not be responsible for the content or accuracy of any information provided to it by the Master Servicer or the Special Servicer pursuant to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

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