Common use of Manager’s Duty to Initial Member and Secured Parties; Delivery of Certain Notices Clause in Contracts

Manager’s Duty to Initial Member and Secured Parties; Delivery of Certain Notices. In addition to such other reports and access to books, records and reports as are required to be provided under this Agreement, the Manager shall cause to be delivered to the Initial Member and the Purchase Money Notes Guarantor such information as is specified in Exhibit B (in addition to the Monthly Report) and such other information relating to the Loans, the Underlying Collateral, the Company, the Servicers and any Subservicers as Initial Member or the Purchase Money Notes Guarantor may reasonably request from time to time and, in any case, shall ensure that Initial Member and the Purchase Money Notes Guarantor are promptly advised, in writing, of any matter of which the Manager, any Servicer or any Subservicer becomes aware relating to the Loans, the Underlying Collateral, the Collection Account, the Escrow Accounts, the Working Capital Reserve Account, the Defeasance Account, or any Borrower or Obligor that materially and adversely affects the interests of Initial Member hereunder or of any secured party under the Reimbursement, Security and Guaranty Agreement. Without limiting the generality of the foregoing, the Manager shall cause to be delivered to Initial Member information indicating any possible Environmental Hazards with respect to any Underlying Collateral. To the extent that the Initial Member requests information which is dependent upon obtaining such information from a Borrower, Obligor or other third party, the Manager shall cause to be made commercially reasonable efforts to obtain such information but it shall not be a breach by the Manager of this Agreement if the Manager fails to cause such information to be provided to Initial Member because a Borrower, Obligor or other Person has failed to provide such information after such efforts have been made.

Manager’s Duty to Initial Member and Secured Parties; Delivery of Certain Notices. In addition to such other reports and access to books, records and reports as are required to be provided under this Agreement, the Manager shall cause to be delivered to the Initial Member and the Purchase Money Notes Guarantor each Required Consenting Party such information as is specified in Exhibit B (in addition to the Monthly Report) and such other information relating to the LoansAssets, the Underlying Collateral, the Company, the Servicers and any Subservicers as Initial Member or the Purchase Money Notes Guarantor such Required Consenting Party may reasonably request from time to time and, in any case, shall ensure that Initial Member and the Purchase Money Notes Guarantor are each Required Consenting Party is promptly advised, in writing, of any matter of which the Manager, any Servicer or any Subservicer becomes aware relating to the LoansAssets, the Underlying Collateral, the Collection Account, the Escrow Accounts, the Working Capital Reserve Account, the Company Development Account, any accounts created under the Advance Facility, the Defeasance Account, or any Borrower or Obligor that materially and adversely affects the interests of Initial Member hereunder or of such Required Consenting Party under any secured party under the Reimbursement, Security and Guaranty AgreementTransaction Document. Without limiting the generality of the foregoing, the Manager shall cause to be delivered to the Initial Member information indicating any possible Environmental Hazards with respect to any Underlying Collateral. To the extent that the Initial Member requests information which is dependent upon obtaining such information from a Borrower, Obligor or other third party, the Manager shall cause to be made commercially reasonable efforts to obtain such information but it shall not be a breach by the Manager of this Agreement if the Manager fails to cause such information to be provided to the Initial Member because a Borrower, Obligor or other Person has failed to provide such information after such efforts have been made.

Manager’s Duty to Initial Member and Secured Parties; Delivery of Certain Notices. In addition to such other reports and access to books, records and reports as are required to be provided under this Agreement, the Manager shall cause to be delivered to the Initial Member and the Purchase Money Notes Guarantor such information as is specified in Exhibit B (in addition to the Monthly Report) and such other information relating to the Loans, the Underlying Collateral, the Company, the Servicers and any Subservicers as Initial Member or the Purchase Money Notes Guarantor may reasonably request from time to time and, in any case, shall ensure that Initial Member and the Purchase Money Notes Guarantor are promptly advised, in writing, of any matter of which the Manager, any Servicer or any Subservicer becomes aware relating to the Loans, the Underlying Collateral, the Collection Account, the Escrow Accounts, the Working Capital Reserve Account, the Defeasance Account, or any Borrower or Obligor that materially and adversely affects the interests of Initial Member hereunder or of any secured party under the Reimbursement, Security and Guaranty Agreement. Without limiting the generality of the foregoing, the Manager shall cause to be delivered to Initial Member information indicating any possible Environmental Hazards with respect to any Underlying Collateral. To the extent that the Initial Member requests information which is dependent upon obtaining such information from a Borrower, Obligor or other third party, the Manager shall cause to be made commercially reasonable efforts to obtain such information but it shall not be a breach by the Manager of this Agreement if the Manager fails to cause such information to be provided to Initial Member because a Borrower, Obligor or other Person has failed to provide such information after such efforts have been made.. In addition to such other reports and access to books, records and reports as are required to be provided under this Agreement (including this Section 7.4(a) above), the Private Owner (x) shall cause to be delivered to the Initial Member and the Purchase Money Notes Guarantor such information and evidence relating to compliance by the Private Owner and the Private Owner Guarantor with the requirements of clause (v) of Section 10.1(a) and clause (v) of Section 10.2(a), as Initial Member or the Purchase Money Notes Guarantor may reasonably request from time to time and, (y) in any case, shall in good faith immediately advise, in writing, the Initial Member and the Purchase Money Notes Guarantor of (i) any capital contribution to the Private Owner or the Private Owner Guarantor under a Satisfactory Equity Commitment Letter or

Manager’s Duty to Initial Member and Secured Parties; Delivery of Certain Notices. In addition to such other reports and access to books, records and reports as are required to be provided under this Agreement, the Manager shall cause to be delivered to the Initial Member and the Purchase Money Notes Guarantor such information as is specified in Exhibit B (in addition to the Monthly Report) and such other information relating to the Loans, the Underlying Collateral, the Company, the Servicers and any Subservicers as Initial Member or the Purchase Money Notes Guarantor may reasonably request from time to time and, in any case, shall ensure that Initial Member and the Purchase Money Notes Guarantor are promptly advised, in writing, of any matter of which the Manager, any Servicer or any Subservicer becomes aware relating to the Loans, the Underlying Collateral, the Collection Account, the Escrow Accounts, the Working Capital Reserve Account, the Defeasance Account, or any Borrower or Obligor that materially and adversely affects the interests of Initial Member hereunder or of any secured party under the Reimbursement, Security and Guaranty Agreement. Without limiting the generality of the foregoing, the Manager shall cause to be delivered to Initial Member information indicating any possible Environmental Hazards with respect to any Underlying Collateral. To the extent that the Initial Member requests information which is dependent upon obtaining such information from a Borrower, Obligor or other third party, the Manager shall cause to be made commercially reasonable efforts to obtain such information but it shall not be a breach by the Manager of this Agreement if the Manager fails to cause such information to be provided to Initial Member because a Borrower, Obligor or other Person has failed to provide such information after such efforts have been made.