Common use of Third Party Due Diligence Reports Clause in Contracts

Third Party Due Diligence Reports. (i) The Company has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the Company; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 4 contracts

Samples: Underwriting Agreement (Benchmark 2022-B33 Mortgage Trust), Underwriting Agreement (Benchmark 2021-B29 Mortgage Trust), Underwriting Agreement (Benchmark 2020-B21 Mortgage Trust)

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Third Party Due Diligence Reports. (i) The Company Depositor has not obtained (and, through and including the Closing Date, will not obtainobtain without the consent of the Underwriters) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (any such report a “Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports report (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm of certified public accountants engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the CompanyDepositor; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company Depositor has not employed (and, through and including the Closing Date, will not employemploy without the consent of the Underwriters) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (3650 REIT Commercial Mortgage Securities II LLC), Pooling and Servicing Agreement (3650 REIT Commercial Mortgage Securities LLC)

Third Party Due Diligence Reports. (i) The Company has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans and the Trust Subordinate Companion Loans to information on a data tape relating to the Mortgage Loans and the Trust Subordinate Companion Loans and a comparison of information relating to underwriting of the Mortgage Loans and the Trust Subordinate Companion Loans (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the Company; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 2 contracts

Samples: Underwriting Agreement (Benchmark 2021-B25 Mortgage Trust), Underwriting Agreement (GS Mortgage Securities Trust 2019-Gc40)

Third Party Due Diligence Reports. (i) The Company Depositor has not obtained (and, through and including the Closing Date, will not obtainobtain without the consent of the Underwriters) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (any such report a "Due Diligence Report") in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports report (the "Accountants' Due Diligence Report"), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm of certified public accountants engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the "Accountants"), a copy of which has been furnished to the Underwriters, at the request of the CompanyDepositor; and, except for the Accountants with respect to the Accountants' Due Diligence Report, the Company Depositor has not employed (and, through and including the Closing Date, will not employemploy without the consent of the Underwriters) any third party to engage in any activity that constitutes "due diligence services" within the meaning of Rule 17g-10 under the Exchange Act ("Due Diligence Services") in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants' Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX EXXXX as required by Rule 15Ga-2 under the Exchange Act ("Rule 15Ga-2");

Appears in 2 contracts

Samples: Credit Suisse Commercial Mortgage Securities Corp., Credit Suisse Commercial Mortgage Securities Corp.

Third Party Due Diligence Reports. (i) The Company has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the Company; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 2 contracts

Samples: Underwriting Agreement (GS Mortgage Securities Trust 2019-Gc38), Underwriting Agreement (GS Mortgage Securities Trust 2018-Gs9)

Third Party Due Diligence Reports. (i) The Company has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule Xxxx 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the Company; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 1 contract

Samples: Underwriting Agreement (Benchmark 2022-B37 Mortgage Trust)

Third Party Due Diligence Reports. (i) The Company has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans and the Trust Subordinate Companion Loan to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans Trust Subordinate Companion Loan (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the Company; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 1 contract

Samples: Underwriting Agreement (GS Mortgage Securities Trust 2018-Gs10)

Third Party Due Diligence Reports. (i) The Company Depositor has not obtained (and, through and including the Closing Date, will not obtainobtain without the consent of the Underwriters) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act ("Due Diligence Report") in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports report (the "Accountants' Due Diligence Report"), in form and substance reasonably satisfactory to the UnderwritersRepresentative, obtained from the accounting firm engaged to provide procedures involving a comparison of information infornation in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the "Accountants"), a copy of which has been furnished to the UnderwritersRepresentative, at the request of the CompanyDepositor; and, except for the Accountants with respect to the Accountants' Due Diligence Report, the Company Depositor has not employed (and, through and including the Closing Date, will not employemploy without the consent of the Underwriters) any third party to engage in any activity that constitutes "due diligence services" within the meaning of Rule 17g-10 under the Exchange Act ("Due Diligence Services") in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants' Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act ("Rule 15Ga-2");

Appears in 1 contract

Samples: Jp Morgan Chase Commercial Mortgage Securities Corp

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Third Party Due Diligence Reports. (i) The Company has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus Supplement other than the agreed-upon procedures reports report (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the Company; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the ProspectusProspectus Supplement. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX EXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 1 contract

Samples: Underwriting Agreement (GS Mortgage Securities Trust 2015-Gc32)

Third Party Due Diligence Reports. (i) The Company Neither the Issuer nor the Depositor has not obtained (and, through and including the Closing Date, will not obtainobtain without the consent of the Underwriters) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (any such report a “Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports report (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm of certified public accountants engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the CompanyDepositor; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, neither the Company Issuer nor the Depositor has not employed (and, through and including the Closing Date, will not employemploy without the consent of the Underwriters) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 1 contract

Samples: 3650 REIT Commercial Mortgage Securities II LLC

Third Party Due Diligence Reports. (i) The Company has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the Underwriters, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans and the Trust Subordinate Companion Loan to information on a data tape relating to the Mortgage Loans and the Trust Subordinate Companion Loan and a comparison of information relating to underwriting of the Mortgage Loans and the Trust Subordinate Companion Loan (the “Accountants”), a copy of which has been furnished to the Underwriters, at the request of the Company; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 1 contract

Samples: Underwriting Agreement (GS Mortgage Securities Trust 2020-Gc45)

Third Party Due Diligence Reports. (i1) The Company Issuer has not obtained (and, through and including the Closing Date, will not obtain) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus Memoranda other than the agreed-upon procedures reports report (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the UnderwritersInitial Purchaser, obtained from the accounting firm engaged to provide procedures involving a comparison of information in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the UnderwritersInitial Purchaser, at the request of the CompanyIssuer; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company Issuer has not employed (and, through and including the Closing Date, will not employ) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the ProspectusMemoranda. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 1 contract

Samples: Note Purchase Agreement (Hercules Capital, Inc.)

Third Party Due Diligence Reports. (i) The Company Depositor has not obtained (and, through and including the Closing Date, will not obtainobtain without the consent of the Underwriters) any third party due diligence report contemplated by Rule 15Ga-2 under the Exchange Act (“Due Diligence Report”) in connection with the transactions contemplated by this Agreement and the Prospectus other than the agreed-upon procedures reports report (the “Accountants’ Due Diligence Report”), in form and substance reasonably satisfactory to the UnderwritersRepresentative, obtained from the accounting firm engaged to provide procedures involving a comparison of information infornation in loan files for the Mortgage Loans to information on a data tape relating to the Mortgage Loans and a comparison of information relating to underwriting of the Mortgage Loans (the “Accountants”), a copy of which has been furnished to the UnderwritersRepresentative, at the request of the CompanyDepositor; and, except for the Accountants with respect to the Accountants’ Due Diligence Report, the Company Depositor has not employed (and, through and including the Closing Date, will not employemploy without the consent of the Underwriters) any third party to engage in any activity that constitutes “due diligence services” within the meaning of Rule 17g-10 under the Exchange Act (“Due Diligence Services”) in connection with the transactions contemplated by this Agreement and the Prospectus. The Accountants have consented to the use of the Accountants’ Due Diligence Report in the preparation of a Form 15G (as defined below) furnished on XXXXX as required by Rule 15Ga-2 under the Exchange Act (“Rule 15Ga-2”);

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Starwood Commercial Mortgage Depositor, LLC)

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