Servicing Reports; Special Servicing Reports Clause Samples

Servicing Reports; Special Servicing Reports. Subject to Section 2.10, by 12:00 p.m. New York City time on the second Business Day prior to each Payment Date, the Servicer shall (notwithstanding subsection (c) below) provide electronically (or, upon request, by first class mail) to the Indenture Trustee a statement prepared by the Servicer, substantially in the form of, and containing the information set forth in, Exhibit A (the “Servicing Report”) and, if the Notes were Specially Serviced Notes at any time during the related Collection Period, a report, substantially in the form of, and containing the information set forth in, Exhibit B (the “Special Servicing Report”). Upon receipt of each Manager Report delivered by the Manager pursuant to the Management Agreement, the Servicer shall promptly provide such Manager Report to the Indenture Trustee. Each Servicing Report and Special Servicing Report shall be in an electronic format that is mutually acceptable to the Servicer and the Indenture Trustee. Each Servicing Report, Special Servicing Report and any written information supplemental to either shall include such information with respect to the Notes that is reasonably required by the Indenture Trustee for purposes of preparing the Indenture Trustee Report, as set forth in reasonable written specifications or guidelines issued by the Indenture Trustee from time to time. Such information may be delivered to the Indenture Trustee by the Servicer by electronic mail or in such electronic or other form as may be reasonably acceptable to the Servicer and the Indenture Trustee. On each Payment Date, subject to Section 2.10, the Indenture Trustee shall deliver the then current Indenture Trustee Report and shall forward the Manager Report, the Servicing Report and, if applicable, the Special Servicing Report to each Rating Agency and make such reports available to Noteholders, Note Owners, any Placement Agent or Initial Purchaser, the Servicer and the Controlling Class Representative via the Indenture Trustee’s password protected website. Neither the Servicer nor the Indenture Trustee shall be liable for dissemination of information in accordance with the Transaction Documents.