Certain Matters Regarding Significant Obligors. (a) For purposes of this Agreement: the borrower under Mortgage Loan No. 1 identified as The Shops at Riverside on the Mortgage Loan Schedule is a significant obligor (“Significant Obligor”), and, accordingly, Item 6 of Form 10-D and Item 1112(b) of Form 10-K, provide for the inclusion of updated net operating income of the related borrower as required by Item 1112(b) of Regulation AB, on each Form 10-D to be filed by the Trust with respect to a Distribution Date immediately following the date in which each financial statement of the Significant Obligor is required to be delivered to the lender under the related Mortgage Loan documents (which, for the avoidance of doubt, is seventy-five (75) days following the end of each calendar year, and forty-five (45) days following the end of each calendar quarter as set forth in the related loan agreement), or on each Form 10-K filed by the Trust, as applicable. With respect to the Significant Obligor, after receipt of the updated net operating income information, the Master Servicer shall update the following columns of the CREFC Loan Periodic Update File for (i) the next applicable Distribution Date if the Master Servicer receives such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date or (ii) the second succeeding Distribution Date if the Master Servicer does not receive such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date: BB, BP, BT and BU (corresponding fields 54, 68, 72 and 73).
Certain Matters Regarding Significant Obligors. As of the Closing Date, with respect to the Trust, there is no “significant obligor” within the meaning of Item 1101(k) of Regulation AB (“Significant Obligor”).
Certain Matters Regarding Significant Obligors. For the avoidance of doubt, there is no “significant obligor” (within the meaning of Item 1101(k) of Regulation AB) as of the Closing Date (“Significant Obligor”) related to the Trust. Notwithstanding anything contained in this Section 11.16, in the event that the Certificate Administrator files a Form 15 Suspension Notification pursuant to Section 11.08 of this Agreement and so long as the Trust is not subject to the reporting requirements of the Exchange Act, the Master Servicer shall not be required to fulfill its obligations under this Section 11.16.
Certain Matters Regarding Significant Obligors. With respect to any Significant Obligor, after receipt of the updated net operating income information, the Master Servicer shall update the following columns of the CREFC® Loan Periodic Update File for (i) the next applicable Distribution Date if the Master Servicer receives such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date or (ii) the second succeeding Distribution Date if the Master Servicer does not receive such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date: BB, BP, BT and BU (corresponding fields 54, 68, 72 and 73). For the avoidance of doubt, there is no significant obligor (“Significant Obligor”) related to the Trust.
Certain Matters Regarding Significant Obligors. (a) For purposes of this Agreement, the Mortgagors under Mortgage Loan No. 1 identified as Miami International Mall and Loan No. 2 identified as Jordan Creek Town Center on the Mortgage Loan Schedule is a significant obligor (“Significant Obligor”) and, accordingly, Item 6 of Form 10-D and Item 1112(b) of Form 10-K, provide for the inclusion of updated net operating income of the related Mortgagor as required by Item 1112(b) of Regulation AB, on each Form 10-D to be filed by the Trust with respect to a Distribution Date immediately following the date in which each financial statement of the Significant Obligor is required to be delivered to the lender under the related Mortgage Loan documents (which, for the avoidance of doubt, is forty-five (45) days following the end of the first, second and third calendar quarter, and seventy-five (75) days following the end of each fiscal year, as set forth in the related loan agreement), or on each Form 10-K filed by the Trust, as applicable. With respect to the Significant Obligor, after receipt of the updated net operating income information, the Master Servicer shall update the following columns of the CREFC® Loan Periodic Update File for (i) the next applicable Distribution Date if the Master Servicer receives such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date or (ii) the second succeeding Distribution Date if the Master Servicer does not receive such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date: BB, BP, BT and BU (corresponding fields 54, 68, 72 and 73). The Master Servicer shall provide the related Mortgagor under the Miami International Mall Whole Loan with written notice no later than sixty (60) days after the end of any calendar year that it is requesting such financial statements to be delivered within seventy-five (75) days after the close of the calendar year, and shall use reasonable best efforts to cause the Mortgagor to deliver the same on or before the date that is seventy-five (75) days after the close of the applicable calendar year.
Certain Matters Regarding Significant Obligors. (a) For purposes of this Agreement: (i) the borrower under Mortgage Loan No. 1 identified as 200 Xxxxxx Xxxxxx on the Mortgage Loan Schedule and (ii) the borrower under Mortgage Loan No. 2 identified as Arbor Place Mall on the Mortgage Loan Schedule is a significant obligor (each, a “Significant Obligor”), and, accordingly, Item 6 of Form 10-D and Item 1112(b) of Form 10-K, provide for the inclusion of updated net operating income of the related borrower as required by Item 1112(b) of Regulation AB, on each Form 10-D to be filed by the Trust with respect to a Distribution Date immediately following the date in which each financial statement of the applicable Significant Obligor is required to be delivered to the lender under the related Mortgage Loan documents (which, for the avoidance of doubt, is ninety (90) days following the end of each calendar year, and twenty (20) days following the end of each calendar quarter with respect to 200 Xxxxxx Xxxxxx, and ninety (90) days following the end of each calendar year, and forty-five (45) days following the end of each calendar quarter with respect to Arbor Place Mall as applicable, as set forth in the related loan agreement), or on each Form 10-K filed by the Trust, as applicable. With respect to each Significant Obligor, after receipt of the updated net operating income information, the Master Servicer shall update the following columns of the CREFC Loan Periodic Update File for (i) the next applicable Distribution Date if the Master Servicer receives such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date or (ii) the second succeeding Distribution Date if the Master Servicer does not receive such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date: BB, BP, BT and BU (corresponding fields 54, 68, 72 and 73).
Certain Matters Regarding Significant Obligors. (a) For the avoidance of doubt, there is no significant obligor (“Significant Obligor”) related to the Trust. With respect to the Significant Obligor, Item 6 of Form 10-D and Item 1112(b) of Form 10-K, provide for the inclusion of updated net operating income of the related Mortgagor as required by Item 1112(b) of Regulation AB, on each Form 10-D to be filed by the Trust with respect to a Distribution Date immediately following the date in which each financial statement of the Significant Obligor is required to be delivered to the lender under the related Mortgage Loan documents (which, for the avoidance of doubt, is seventy-five (75) days following the end of each calendar year, and forty-five (45) days following the end of each calendar quarter as set forth in the related loan agreement), or on each Form 10-K filed by the Trust, as applicable. With respect to the Significant Obligor, after receipt of the updated net operating income information, the Master Servicer shall update the following columns of the CREFC® Loan Periodic Update File for (i) the next applicable Distribution Date if the Master Servicer receives such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date or (ii) the second succeeding Distribution Date if the Master Servicer does not receive such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date: BB, BP, BT and BU (corresponding fields 54, 68, 72 and 73). The Master Servicer shall provide the related Mortgagor with written notice no later than sixty (60) days after the end of any calendar year that it is requesting such financial statements to be delivered within seventy-five (75) days after the close of the calendar year, and shall use reasonable best efforts to cause the Mortgagor to deliver the same on or before the date that is seventy-five (75) days after the close of the applicable calendar year.
Certain Matters Regarding Significant Obligors. (a) For purposes of this Agreement: each of (i) the Mortgaged Property identified on the Mortgage Loan Schedule as Park Place Mall (“Park Place Mall Significant Obligor”), (ii) the Mortgaged Property identified on the Mortgage Loan Schedule as 1000 Xxxxxxxx (“1000 Xxxxxxxx Significant Obligor”) and (iii) American Eagle Outfitters, Inc., in its capacity as guarantor under the sole lease of the Mortgaged Property identified on the Mortgage Loan Schedule as 1000 Xxxxxxxx (“American Eagle Significant Obligor”), is a “significant obligor” (each, a “Significant Obligor”) as such term is used in Items 1101 and 1112 of Regulation AB. Accordingly, as required by Item 1112(b) of Regulation AB, (i) with respect to the Park Place Mall Significant Obligor and the 1000 Xxxxxxxx Significant Obligor, Item 6 of Form 10-D and Item 1112(b) of Form 10-K provide for the inclusion of updated net operating income of the related Mortgagor and (ii) with respect to the American Eagle Significant Obligor, Item 6 of Form 10-D and Item 1112(b) of Form 10-K provide for the inclusion of updated information under Item 301 of Regulation S-K, in each case on each Form 10-K to be filed on behalf of the Trust and each Form 10-D to be filed on behalf of the Trust with respect to a Distribution Date immediately following the date in which either (A) with respect to the Park Place Mall Significant Obligor and the 1000 Xxxxxxxx Significant Obligor, each financial statement of such Significant Obligor is required to be delivered to the lender under the related Loan Documents, or (B) with respect to the American Eagle Significant Obligor, updated information under Item 301 of Regulation S-K is made available by the American Eagle Significant Obligor, whether in its Form 10-Q filed under the Exchange Act or otherwise. With respect to the Park Place Mall Significant Obligor and the 1000 Xxxxxxxx Significant Obligor, after receipt of the updated net operating income information, the Master Servicer shall update the following fields of the CREFC Loan Periodic Update File for the (a) immediately succeeding Distribution Date if the Master Servicer receives such updated net operating income information at least ten (10) Business Days prior to the Determination Date related to such Distribution Date (or such shorter period as may be necessary to comply with revised law or regulations or interpretations thereof; provided the Master Servicer receives written notice of such shorter period from the Depositor ...
Certain Matters Regarding Significant Obligors. ARTICLE XII
Certain Matters Regarding Significant Obligors. It is hereby acknowledged that the borrower under Mortgage Loan No. 1 identified as Centro New-Plan Pool I on the Mortgage Loan Schedule is a significant obligor, and, accordingly, Item 6 of Form 10-D and Item 1112(b) of Form 10-K provide for the inclusion of updated net operating income of the related borrower, as required by Item 1112(b) of Regulation AB, on each Form 10-D to be filed by the Trust with respect to a Distribution Date immediately following the date in which each financial statement of the significant obligor is required to be delivered to the lender under the related Mortgage Loan documents (which, for the avoidance of doubt, is seventy-five (75) days following the end of each fiscal year, and thirty (30) days following the end of each fiscal quarter, as applicable, as set forth in the related loan agreement), or on each Form 10-K filed by the Trust, as applicable. Upon receipt of the updated net operating income information, the Master Servicer shall update the following columns of the CMSA Loan Periodic Update File for the applicable Distribution Date: BB, BP, BT and BU (corresponding fields 54, 68, 72-and 73). In the event xxxx xxx Xxxxxx Xxxxxxxx xxxx xxx xxxxxve financial information satisfactory to comply with Item 6 of Form 10-D or Item 1112(b) of Form 10-K, as the case may be, of the significant obligor from the related borrower within two (2) Business Days after the date such financial information is required to be delivered under the related Mortgage Loan documents, the Master Servicer shall notify the Depositor that it has not received them. The Master Servicer shall use efforts consistent with the Servicing Standard (taking into account, in addition, the ongoing reporting obligations of the Depositor under the Exchange Act, but in no event requiring the Master Servicer to initiate litigation) to continue to attempt to obtain such financial information from the Borrower. The Master Servicer shall retain written evidence of each instance in which it attempts to contact the Borrower to obtain the required financial information and is unsuccessful and, within five Business Days prior to the date in which a Form 10-D or Form 10-K, as applicable, is required to be filed by the Trust, shall forward an Officer's Certificate evidencing its attempts to obtain this information to the Trustee and the Depositor. This Officer's Certificate should be addressed to the Trustee as follows: Wells Fargo Bank, N.A., 9062 Old Annapolis Road, Columbi...
