Common use of Trustee Exchange Act Reporting Requirements Clause in Contracts

Trustee Exchange Act Reporting Requirements. Notwithstanding any other provision of this Agreement, the Trustee shall (i) agree to such modifications and enter into such amendments to this Agreement as may be reasonably necessary for the Depositor to comply with any rules promulgated by the Commission and any interpretations thereof by the staff of the Commission (collectively, “SEC Rules”), provided that the Trustee has the right to negotiate any change affecting its rights or responsibilities under this Agreement and (ii) promptly upon request provide to the Depositor for inclusion in any periodic report required to be filed under the Exchange Act such items of information regarding this Agreement and matters related to the Trustee, including as applicable (by way of example and not limitation), a description of any material litigation or governmental action or proceeding involving the Trustee or its affiliates; provided, that such information shall be required to be provided by the Trustee only to the extent that such shall be reasonably necessary for the Depositor to comply with any SEC Rules.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C)

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Trustee Exchange Act Reporting Requirements. Notwithstanding any other provision of this Agreement, the Trustee shall (i) agree to such modifications and enter into such amendments to this Agreement as may be reasonably necessary for the Depositor to comply with any rules promulgated by the Commission and any interpretations thereof by the staff of the Commission (collectively, “SEC Rules”), provided that the Trustee has the right to negotiate any change affecting its rights or responsibilities under this Agreement and (ii) promptly upon request provide to the Depositor for inclusion in any periodic report required to be filed under the Exchange Act such items of information regarding this Agreement and matters related to the Trustee, including as applicable (by way of example and not limitation), a description of any material litigation or governmental action or proceeding involving the Trustee or its affiliates; provided, provided that such information shall be required to be provided by the Trustee only to the extent that such shall be reasonably necessary for the Depositor to comply with any SEC Rules.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)

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