Specially Serviced Mortgage Loan Status Reports, REO Status Reports and Other Reports. (a) The Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Directing Certificateholder, the Trustee and, if requested, each Rating Agency in electronic format reasonably acceptable to the Master Servicer and the Trustee and consistent with Accepted Special Servicing Practices not later than 12:00 noon, New York City time, the third (3rd) Business Day immediately preceding each Distribution Date, a copy of all data fields and reports needed to produce the CMSA IRP (excluding the Loan Set-up File, the Watch List, the bond file and collateral summary file) for the preceding Remittance Period, with respect to each Specially Serviced Mortgage Loan and REO Mortgage Loan, respectively. In addition, upon the occurrence of a Collateral Value Adjustment or Realized Loss resulting from a Collateral Value Adjustment Event or Liquidation Event, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Trustee, the Directing Certificateholder and each Rating Agency, via facsimile (with a hard copy sent on the same day by first-class mail or in electronic format reasonably acceptable to the Master Servicer and consistent with Accepted Special Servicing Practices) not later than the third (3rd) Business Day immediately preceding each Distribution Date, an Officers' Certificate setting forth (i) the event which gave rise to such Collateral Value Adjustment or Realized Loss and (ii) the amount of such Collateral Value Adjustment or Realized Loss. The Master Servicer will verify the accuracy of the mathematical computation of the Collateral Value Adjustment by the Special Servicer and that the amounts used therein are consistent with the Master Servicer's records. (b) Within ten (10) Business Days of receipt, the Special Servicer shall deliver to the Master Servicer a copy of the bank statement for the prior calendar month related to each REO Account and an REO Account Report substantially in the form of Exhibit Z hereto and a report of any other funds or accounts established and maintained by the Special Servicer under this Agreement as of the Business Day preceding the date of such report, showing for the period from the immediately preceding calendar month (or since the related Servicing Transfer Date, in the case of the first of such reports), the aggregate of deposits into and withdrawals from such funds or accounts in accordance with this Agreement. (c) Within sixty (60) days following the end of each calendar year, or upon the Trustee's reasonable request, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer such information with respect to each Specially Serviced Mortgage Loan and each REO Mortgage Loan as the Special Servicer deems necessary or desirable for each Certificateholder to prepare its federal, state and local income tax returns. (d) If the Special Servicer receives notice from the Master Servicer of any inconsistencies in the reports provided by the Special Servicer pursuant to Section 6.09, the Special Servicer shall initiate discussions not later than the following Business Day with the Master Servicer to reconcile their records. (e) Upon prior written request of the Master Servicer, the Directing Certificateholder, the Trustee, a Rating Agency or the Depositor, the Special Servicer shall prepare such other reasonable reports as may be requested in writing thereby. The Special Servicer shall be entitled to charge a reasonable fee reflecting the internal and external costs to the Special Servicer of preparing such other reports and such fee shall be reimbursable to the Special Servicer by the Person requesting such report (other than the Rating Agencies, in which case such expenses shall be an expense of the Trust Fund and paid as a Servicing Advance.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)
Specially Serviced Mortgage Loan Status Reports, REO Status Reports and Other Reports. (a) The Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Directing Certificateholder, the Trustee and, if requested, and each Rating Agency Agency, via facsimile (with a hard copy sent on the same day by first-class mail and in electronic format reasonably acceptable to the Master Servicer and the Trustee and consistent with Accepted Special Servicing Practices Practices) not later than 12:00 noon, New York City time, the third (3rd) Business Day immediately preceding each Distribution Date, a copy of all data fields a Specially Serviced Mortgage Loan and reports needed to produce REO Status Report in the CMSA IRP (excluding the Loan Set-up File, the Watch List, the bond file and collateral summary file) for the preceding Remittance Periodform of Exhibit V hereto, with respect to each Specially Serviced Mortgage Loan and REO Mortgage Loan, respectively. In addition, upon the occurrence of a Collateral Value Adjustment or Adjustment, Realized Loss or Collateral Value Adjustment Recovery Amount resulting from a Collateral Value Adjustment Event or Liquidation Event, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Trustee, the Directing Certificateholder Trustee and each Rating Agency, via facsimile (with a hard copy sent on the same day by first-class mail or in electronic format reasonably acceptable to the Master Servicer and consistent with Accepted Special Servicing Practices) not later than the third (3rd) Business Day immediately preceding each Distribution Date, an Officers' Certificate setting forth (i) the event which gave rise to such Collateral Value Adjustment or Realized Loss and (ii) the amount of such Collateral Value Adjustment Adjustment, Realized Loss or Realized Loss. The Master Servicer will verify the accuracy of the mathematical computation of the Collateral Value Adjustment by the Special Servicer and that the amounts used therein are consistent with the Master Servicer's recordsRecovery Amount.
(b) Within ten On the second (102nd) Business Days of receiptDay immediately preceding each Distribution Date, the Special Servicer shall deliver to the Master Servicer a copy of the bank statement for the prior calendar month related to each REO Account and an REO Account Report substantially in the form of Exhibit Z hereto and a report of any other funds or accounts established and maintained by the Special Servicer under this Agreement as of the Business Day preceding the date of such report, showing for the period from the day after the second preceding Master Remittance Date through the immediately preceding calendar month Master Remittance Date (or since the related Servicing Transfer Date, in the case of the first of such reports), the aggregate of deposits into and withdrawals from such funds or accounts in accordance with this Agreement.
(c) Within sixty (60) days following the end of each calendar year, or upon the Trustee's reasonable request, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer Servicer, the Trustee and each Rating Agency such customary information with respect to each Specially Serviced Mortgage Loan and each REO Mortgage Loan as the Special Servicer deems necessary or desirable for each Certificateholder to prepare its federal, state and local income tax returns. Such obligation of the Special Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by it pursuant to any requirements of the Code.
(d) If the Special Servicer receives notice from the Master Servicer of any reporting inconsistencies in the reports provided by the Special Servicer pursuant to Section 6.094.06, the Special Servicer shall initiate discussions not later than on the following Business Day with the Master Servicer to reconcile their records.
(e) Upon prior written request of the Master Servicer, the Directing Certificateholder, the Trustee, a Rating Agency or the Depositor, the Special Servicer shall prepare such other reasonable reports as may be requested in writing thereby. The Special Servicer shall be entitled to charge a reasonable fee reflecting the internal and external costs to the Special Servicer of preparing such other reports and such fee shall be reimbursable to the Special Servicer by the Person requesting such report (other than the Rating Agencies, in which case such expenses shall be an expense of the Trust Fund and paid as a Servicing Advancereport.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan J P Commercial Mortgage Finance Corp)
Specially Serviced Mortgage Loan Status Reports, REO Status Reports and Other Reports. (a) The Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Directing Certificateholder, the Trustee and, if requested, and each Rating Agency Agency, via facsimile (with a hard copy sent on the same day by first-class mail and in electronic format reasonably acceptable to the Master Servicer and the Trustee related Primary Servicer and consistent with Accepted Special Servicing Practices Practices) not later than 12:00 noon, New York City time, the third eighth (3rd8th) Business Day immediately preceding each Distribution Date, a copy of all data fields a Specially Serviced Mortgage Loan and reports needed to produce REO Status Report in the CMSA IRP (excluding the Loan Set-up File, the Watch List, the bond file and collateral summary file) for the preceding Remittance Periodform of Exhibit V hereto, with respect to each Specially Serviced Mortgage Loan and REO Mortgage Loan, respectively. In addition, upon the occurrence of a Collateral Value Adjustment Event or Realized Loss resulting Liquidation Event from which a Collateral Value Adjustment, Realized Loss or Collateral Value Adjustment Event or Liquidation EventRecovery Amount has resulted, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Trusteerelated Primary Servicer, the Directing Certificateholder Trustee and each Rating Agency, via facsimile (with a hard copy sent on the same day by first-class mail or in electronic format reasonably acceptable to the Master Servicer and consistent with Accepted Special Servicing Practices) not later than the third eighth (3rd8th) Business Day immediately preceding each Distribution Date, an Officers' Certificate setting forth (i) the event which gave rise to such Collateral Value Adjustment or Realized Loss and (ii) the amount of such Collateral Value Adjustment Adjustment, Realized Loss or Realized Loss. The Master Servicer will verify the accuracy of the mathematical computation of the Collateral Value Adjustment by the Special Servicer and that the amounts used therein are consistent with the Master Servicer's recordsRecovery Amount.
(b) Within ten On the eighth (108th) Business Days of receiptDay immediately preceding each Distribution Date, the Special Servicer shall validate and deliver to the Master Servicer a copy of the bank statement for the prior calendar month related to each REO Account and an REO Account Report substantially in the form of Exhibit Z hereto and a report of any other funds or accounts established and maintained by the Special Servicer under this Agreement as of the Business Day preceding the date of such report, showing for the period from the day after the second preceding Primary Remittance Date through the immediately preceding calendar month Primary Remittance Date (or since the related Servicing Transfer Date, in the case of the first of such reports), the aggregate of deposits into and withdrawals from such funds or accounts in accordance with this Agreement. For purposes of this clause (b), "validate" shall have the meaning set forth in Section 1.03(b).
(c) Within sixty (60) days following the end of each calendar year, or upon the Trustee's reasonable request, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer and the Trustee such customary information with respect to each Specially Serviced Mortgage Loan and each REO Mortgage Loan as the Special Servicer deems necessary or desirable for each Certificateholder to prepare its federal, state and local income tax returns. Such obligation of the Special Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by it pursuant to any requirements of the Code.
(d) If the Special Servicer receives notice from the Master Servicer of any reporting inconsistencies in the reports provided by the Special Servicer pursuant to Section 6.095.06, the Special Servicer shall initiate discussions not later than on the following Business Day with the Master Servicer to reconcile their records.
(e) Upon prior written request of the Master Servicer, the Directing Certificateholder, the Trustee, a any Rating Agency or the Depositor, the Special Servicer shall prepare such other reasonable reports as may be requested in writing thereby. The Special Servicer shall be entitled to charge a reasonable fee reflecting the internal and external costs to the Special Servicer of preparing such other reports and such fee shall be reimbursable to the Special Servicer by the Person requesting such report (other than the Rating Agencies, in which case such expenses shall be an expense of the Trust Fund and paid as a Servicing AdvanceAdvance pursuant to this Agreement.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan J P Commercial Mortgage Finance Corp)
Specially Serviced Mortgage Loan Status Reports, REO Status Reports and Other Reports. (a) The Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Directing Certificateholder, the Trustee and, if requested, and each Rating Agency Agency, via facsimile (with a hard copy sent on the same day by first-class mail and in electronic format reasonably acceptable to the Master Servicer and the Trustee and consistent with Accepted Special Servicing Practices Practices) not later than 12:00 noon, New York City time, the third (3rd) Business Day immediately preceding each Distribution Date, a copy of all data fields a Specially Serviced Mortgage Loan and reports needed to produce REO Status Report in the CMSA IRP (excluding the Loan Set-up File, the Watch List, the bond file and collateral summary file) for the preceding Remittance Periodform of Exhibit V hereto, with respect to each Specially Serviced Mortgage Loan and REO Mortgage Loan, respectively. In addition, upon the occurrence of a Collateral Value Adjustment Event or Realized Loss resulting Liquidation Event from which a Collateral Value Adjustment, Realized Loss or Collateral Value Adjustment Event or Liquidation EventRecovery Amount has resulted, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, the Trustee, the Directing Certificateholder Trustee and each Rating Agency, via facsimile (with a hard copy sent on the same day by first-class mail or in electronic format reasonably acceptable to the Master Servicer and consistent with Accepted Special Servicing Practices) not later than the third (3rd) Business Day immediately preceding each Distribution Date, an Officers' Certificate setting forth (i) the event which gave rise to such Collateral Value Adjustment or Realized Loss and (ii) the amount of such Collateral Value Adjustment Adjustment, Realized Loss or Realized Loss. The Master Servicer will verify the accuracy of the mathematical computation of the Collateral Value Adjustment by the Special Servicer and that the amounts used therein are consistent with the Master Servicer's recordsRecovery Amount.
(b) Within ten On the second (102nd) Business Days of receiptDay immediately preceding each Distribution Date, the Special Servicer shall deliver to the Master Servicer a copy of the bank statement for the prior calendar month related to each REO Account and an REO Account Report substantially in the form of Exhibit Z hereto and a report of any other funds or accounts established and maintained by the Special Servicer under this Agreement as of the Business Day preceding the date of such report, showing for the period from the day after the second preceding Master Remittance Date through the immediately preceding calendar month Master Remittance Date (or since the related Servicing Transfer Date, in the case of the first of such reports), the aggregate of deposits into and withdrawals from such funds or accounts in accordance with this Agreement.
(c) Within sixty (60) days following the end of each calendar year, or upon the Trustee's reasonable request, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer Servicer, the Trustee and each Rating Agency such customary information with respect to each Specially Serviced Mortgage Loan and each REO Mortgage Loan as the Special Servicer deems necessary or desirable for each Certificateholder to prepare its federal, state and local income tax returns. Such obligation of the Special Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by it pursuant to any requirements of the Code.
(d) If the Special Servicer receives notice from the Master Servicer of any reporting inconsistencies in the reports provided by the Special Servicer pursuant to Section 6.094.06, the Special Servicer shall initiate discussions not later than on the following Business Day with the Master Servicer to reconcile their records.
(e) Upon prior written request of the Master Servicer, the Directing Certificateholder, the Trustee, a any Rating Agency or the Depositor, the Special Servicer shall prepare such other reasonable reports as may be requested in writing thereby. The Special Servicer shall be entitled to charge a reasonable fee reflecting the internal and external costs to the Special Servicer of preparing such other reports and such fee shall be reimbursable to the Special Servicer by the Person requesting such report (other than the Rating Agencies, in which case such expenses shall be an expense of the Trust Fund and paid as a Servicing AdvanceAdvance pursuant to this Agreement.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan J P Commercial Mortgage Finance Corp)
Specially Serviced Mortgage Loan Status Reports, REO Status Reports and Other Reports. (a) The Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer, for delivery, separately or as part of the Master Servicer's reports, to the Directing Certificateholder, the Trustee and, if requested, each Rating Agency Agency, in electronic format reasonably acceptable to the Master Servicer and the Trustee and consistent with Accepted Special Servicing Practices not later than 12:00 noon, New York City time, the third (3rd) Business Day immediately preceding each Distribution Date, a copy of all data fields and reports needed to produce the CMSA IRP (excluding the CMSA Loan Set-up File, the CMSA Servicer Watch List, the bond file CMSA Bond Level File and collateral summary fileCMSA Collateral Summary File) for the preceding Remittance Period, with respect to each Specially Serviced Mortgage Loan and REO Mortgage Loan, respectively. In addition, upon the occurrence of a Collateral Value Adjustment or Realized Loss resulting from a Collateral Value Adjustment Event or Liquidation Event, the Special Servicer Servicer, in consultation with the Directing Certificateholder, shall prepare, or cause to be prepared, and deliver to the Master Servicer, for delivery to the Trustee, the Directing Certificateholder and each Rating Agency, via facsimile (with a hard copy sent on the same day by first-class mail or in electronic format reasonably acceptable to the Master Servicer and consistent with Accepted Special Servicing Practices) not later than the third (3rd) Business Day Determination Date immediately preceding each Distribution Date, an Officers' Certificate setting forth (i) the event which gave rise to such Collateral Value Adjustment or Realized Loss and (ii) the amount of such Collateral Value Adjustment or Realized Loss. The Master Servicer will verify the accuracy of the mathematical computation of the Collateral Value Adjustment by the Special Servicer and that the amounts used therein are consistent with the Master Servicer's records.
(b) Within ten (10) Business Days of receipt, the Special Servicer shall deliver to the Master Servicer a copy of the bank statement for the prior calendar month related to each REO Account and an REO Account Report substantially in the form of Exhibit Z hereto and a report of any other funds or accounts established and maintained by the Special Servicer under this Agreement as of the Business Day preceding the date of such report, showing for the period from the immediately preceding calendar month (or since the related Servicing Transfer Date, in the case of the first of such reports), the aggregate of deposits into and withdrawals from such funds or accounts in accordance with this Agreement.
(c) Within sixty (60) days following the end of each calendar year, or upon the Trustee's reasonable request, the Special Servicer shall prepare, or cause to be prepared, and deliver to the Master Servicer such information with respect to each Specially Serviced Mortgage Loan and each REO Mortgage Loan as the Special Servicer deems necessary or desirable for each Certificateholder to prepare its federal, state and local income tax returns.
(d) If the Special Servicer receives notice from the Master Servicer of any inconsistencies in the reports provided by the Special Servicer pursuant to Section 6.09, the Special Servicer shall initiate discussions not later than the following Business Day with the Master Servicer to reconcile their records.
. (e) Upon prior written request of the Master Servicer, the Directing Certificateholder, the Trustee, a Rating Agency or the Depositor, the Special Servicer shall prepare such other reasonable reports as may be requested in writing thereby. The Special Servicer shall be entitled to charge a reasonable fee reflecting the internal and external costs to the Special Servicer of preparing such other reports and such fee shall be reimbursable to the Special Servicer by the Person requesting such report (other than the Rating Agencies, in which case such expenses shall be an expense of the Trust Fund and paid as a Servicing Advance.)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)