Custodian and Paying Agent Report definition

Custodian and Paying Agent Report shall have the meaning given in the Custodial and Paying Agency Agreement.

Custodian and Paying Agent Report has the meaning given in Section 11.1(a). “Cut-Off Date” means as of the close of business on December 18, 2009.

Custodian and Paying Agent Report with respect to the Loans and Underlying Collateral (including the Accounts setting forth in reasonable detail the balances of and any investments in the Accounts as of such date and all deposits to and disbursements, including of all Loan Proceeds or the Management Fee from the Accounts, including the date on which made, since the date of the previous report) held by the Custodian and Paying Agent pursuant to this Agreement and on such other information as may otherwise be agreed by the parties with respect to such Due Period, all as set forth on Exhibit K. The Custodian and Paying Agent shall follow the procedures and perform the calculations and reconciliations required to prepare the Custodian and Paying Agent Report, in each case as set forth on Exhibit K.

Examples of Custodian and Paying Agent Report in a sentence

• Following receipt by the Paying Agent of the Monthly Report (including the Distribution Date Report) with respect to a given Due Period, the Paying Agent shall prepare and deliver the Custodian and Paying Agent Report with respect to such Due Period in accordance with the terms of the Custodial and Paying Agency Agreement.

• Debtor shall also cause to be furnished to each of the Initial Member, the Collateral Agent and the Purchase Money Notes Guarantor the Custodian and Paying Agent Report in accordance with the terms of the Custodial and Paying Agency Agreement.

• The Custodian and Paying Agent shall follow the procedures and perform the calculations and reconciliations required to prepare the Custodian and Paying Agent Report, in each case as set forth on Exhibit K.

• The Debtor shall also cause to be furnished to each of the Initial Member, the Collateral Agent and the Purchase Money Note Guarantor the Custodian and Paying Agent Report in accordance with the terms of the Custodial and Paying Agency Agreement.

• The Manager also shall cause each Beneficiary to be furnished with the Custodian and Paying Agent Report in accordance with the terms of the Custodial and Paying Agency Agreement.

• The Manager also must cause each Beneficiary to be furnished with the Custodian and Paying Agent Report in accordance with the terms of the Custodial and Paying Agency Agreement.

• The Custodian and Paying Agent shall follow the procedures and perform the calculations and reconciliations required to prepare the Custodian and Paying Agent Report, in each case as set forth on Exhibit K hereto.

• The Debtor also shall cause to be furnished to each of the Initial Member, the Advance Lender, the Collateral Agent, the Purchase Money Notes Guarantor and the NGPMN Agent, the Custodian and Paying Agent Report in accordance with the terms of the Custodial and Paying Agency Agreement.

More Definitions of Custodian and Paying Agent Report

Custodian and Paying Agent Report with respect to the Loans and Collateral (including the Accounts setting forth in reasonable detail the balances of and any investments in such Accounts as of such date and all deposits to and disbursements, including of all Loan Proceeds or the Management Fee from such Accounts, including the date on which made, since the date of the previous report) held by the Custodian and Paying Agent pursuant to this Agreement and on such other information as may otherwise be agreed by the parties with respect to such Due Period, all as set forth on Exhibit K. The Custodian and Paying Agent shall follow the procedures and perform the calculations and reconciliations required to prepare the Custodian and Paying Agent Report, in each case as set forth on Exhibit K. The Custodian and Paying Agent shall also make such Custodian and Paying Agent Reports available to Note Owners each month in accordance with Section 2.7(k) via the Paying Agent’s internet website. Access to all information on the Paying Agent’s internet website will be restricted to Note Owners who provide the Paying Agent with a separate investor certification substantially in the form of Exhibit O attached hereto. As a condition to accessing the Paying Agent’s internet website, the Paying Agent may require registration and the acceptance of a disclaimer. The Paying Agent will not be liable for the dissemination of information in accordance with this Agreement.

Custodian and Paying Agent Report. (i) with respect to the Accounts maintained with the Paying Agent, setting forth in reasonable detail the balances of, and any investments in, the Accounts as of such date and all deposits to and disbursements from such Accounts, including the date on which made, since the date of the previous report, and (ii) setting forth such other information with respect to Assets or Collateral held by the Custodian and Paying Agent pursuant to this Agreement as may be agreed by the parties with respect to such Due Period, all as set forth on Exhibit K (if applicable) or, if such Exhibit K is not applicable, in such electronic form/format otherwise determined by the Custodian and Paying Agent and reasonably acceptable to the Private Owner and the Initial Member. As a condition to accessing the Paying Agent’s internet website, the Paying Agent may require registration and the acceptance of a disclaimer. The Paying Agent will not be liable for the dissemination of information in accordance with this Agreement.

Custodian and Paying Agent Report. (i) with respect to the Accounts maintained with the Paying Agent, setting forth in reasonable detail the balances of, and any investments in, the Accounts as of such date and all deposits to and disbursements from such Accounts, including the date on which made, since the date of the previous report, and (ii) setting forth such other information with respect to Assets or Collateral held by the Custodian and Paying Agent pursuant to this Agreement as may be agreed by the parties with respect to such Due Period, all as set forth on Exhibit K (if applicable) or, if such Exhibit K is not applicable, in such electronic form/format otherwise determined by the Custodian and Paying Agent and reasonably acceptable to the Private Owner, the Initial Member and the PMN Agent. The Custodian and Paying Agent also will make such Custodian and Paying Agent Reports available to Note Owners each month in accordance with Section 4(k) of Annex I via the Paying Agent’s internet website. Access to all information on the Paying Agent’s internet website will be restricted to Note Owners who provide the Paying Agent with a separate investor certification substantially in the form of Exhibit O. As a condition to accessing the Paying Agent’s internet website, the Paying Agent may require registration and the acceptance of a disclaimer. The Paying Agent will not be liable for the dissemination of information in accordance with this Agreement.

Custodian and Paying Agent Report with respect to the Mortgage Loans and Underlying Collateral (including the Accounts setting forth in reasonable detail the balances of and any investments in such Accounts as of such date and all deposits to and disbursements, including of all Mortgage Loan Proceeds or the Management Fee from such Accounts, including the date on which made, since the date of the previous report) held by the Custodian and Paying Agent pursuant to this Agreement and on such other information as may otherwise be agreed by the parties with respect to such Due Period, all as set forth on Exhibit K. The Custodian and Paying Agent shall follow the procedures and perform the calculations and reconciliations required to prepare the Custodian and Paying Agent Report, in each case as set forth on Exhibit K.