Notification to Counsel. One hundred calendar days after the Distribution Date, the Settlement Administrator shall notify Class Counsel and BNY Mellon’s counsel in writing of the number of Settlement Class Members sent checks, the number who did not cash the checks, the total dollar amount of the checks distributed, and the total dollar amount of uncashed checks.
Notification to Counsel. With respect to any Mortgage Loan which is, as of the Closing Date, the subject of litigation, bankruptcy or judicial foreclosure (a “Pending Proceeding”), the Purchaser shall, at its sole cost and expense, within one-hundred twenty (120) days after the Closing Date, file pleadings and all other necessary documents to remove the Seller as a party in such Pending Proceeding and substitute the Purchaser or its designee as the real party in interest (with the exception of any judicial foreclosure matter in which judgment has already been entered, any matter which is the subject of an automatic stay or any other matter in which the Purchaser is unable to make such substitution). Notwithstanding the preceding paragraph, Seller or its servicer shall cooperate with Purchaser and its designees (i) in a commercially reasonable manner in connection with the transition of any Pending Proceeding and (ii) by undertaking any or all of the following actions at Purchaser’s request (if requested within one hundred and twenty (120) days of the Closing Date) and Purchaser’s expense:
Notification to Counsel. No later than ten (10) days prior to the Final 19 Fairness and Approval Hearing, the Claims Administrator shall provide Defense Counsel and 20 Class Counsel with a declaration attesting to completion of the notice process, including any 21 attempts to obtain valid mailing addresses for and re-sending of any returned Class Notices, 22 as well as the number of valid opt-outs that the Claims Administrator received. Upon 23 approval by the court, compliance with the procedures described in this Section 5.03.b shall 24 constitute due and sufficient notice to Class Members of this proposed Settlement and the 25 Final Fairness and Approval Hearing and shall satisfy the requirement of due process.
Notification to Counsel. With respect to any Mortgage Loan which is, as of the Transfer Date, the subject of litigation, bankruptcy or foreclosure (a “Pending Proceeding”), the Purchaser shall, at its sole cost and expense, cause the Successor Servicer to, within forty-five (45) days after the Transfer Date (as such time period shall be extended, on a day-by-day basis, for any Force Majeure Event), (i) notify the appropriate court officer and all counsel of record in each such Pending Proceeding of the transfer of such Mortgage Loan from the Seller to the Purchaser, (ii) file pleadings to substitute counsel (unless said counsel has agreed to represent the Purchaser in the Pending Proceeding at the Purchaser’s sole cost and expense), and (iii) file pleadings and other appropriate documents to remove the Seller as a party in such Pending Proceeding and substitute the Purchaser or its designee as the real party in interest, and change the caption thereof accordingly. To the extent a notice of substitution has not occurred in accordance with clauses (i) through (iii) above within forty-five (45) days following the Transfer Date (as such time period shall be extended, on a day-by-day basis, for any Force Majeure Event), the Seller shall provide notice to the Purchaser (the “Notice”). If the notice of substitution has not occurred in accordance with clauses (i) through (iii) above within thirty (30) days following the Purchaser’s receipt of the Notice, the Seller shall be permitted to discontinue or otherwise remove itself as a party in interest from such Pending Proceeding, to the extent permitted by applicable law in such jurisdiction.
Notification to Counsel. No later than thirty (30) calendar days after all conditions of Final Approval have been met, the Settlement Administrator shall provide DWT and Class Counsel with (i) the names and addresses of Eligible Claimants whose claims have been approved, and the Claim Payment payable to each Eligible Claimant, and (ii) the names and addresses of claimants deemed not eligible and a brief statement of the reason(s) why the claim has been disallowed. The Settlement Administrator may provide this information in such form or media as Defendant and Class Counsel reasonably agree, subject to approval by the Settlement Administrator. Defendant shall have the right (but not the obligation) to verify the truthfulness of the representations on any Claim Form and the right (but not the obligation) to reject any Claim Form on which a material misrepresentation appears. This expressly includes the right for Defendant to review whether a Settlement Class Member satisfies the qualifications for the Settlement Class specified in Paragraph 2.14 above. Representative Plaintiffs shall have the right (but not the obligation) to challenge any rejection of a Settlement Class Member’s claim by Defendant. The Parties will meet and confer about any such objections and agree to submit any unresolved disputes to the Court for resolution.
