Common use of Reports filed with the Commission Clause in Contracts

Reports filed with the Commission. (a) The Depositor shall prepare and file or cause to be prepared and filed the initial current report on Form 8-K. Thereafter, within four Business Days after the occurrence of an event requiring disclosure in a current report on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Master Servicer shall prepare, sign on behalf of the Depositor and file with the Commission any Form 8-K, as required by the Exchange Act. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be determined and prepared by and at the direction of the Depositor pursuant to the this Section 4.31(a) and the Master Servicer shall have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in this Section 4.31(a). As set forth on Exhibit P-2 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than 12:00 noon New York City time on the second Business Day after the occurrence of a Reportable Event (i) the parties to the Bayview Financial Mortgage Pass-Through Trust 2006-A Mortgage Pass-Through Certificates, Series 2006-A transaction shall be required to provide to the Master Servicer and the Depositor, to the extent known by a responsible officer thereof, in form compatible with the Commission’s Electronic Data Gathering and Retrieval System (“XXXXX”), or in such other form as otherwise agreed upon by the Master Servicer and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification in the form of Exhibit P-5 hereto (an “Additional Disclosure Notification”), (ii) the Master Servicer shall forward to the Depositor the form and substance of the Form 8-K Disclosure Information and (iii) the Depositor shall approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information in writing to the Master Servicer no later than the Business Day prior to the date specified below for the execution and filing of such Form 8-K. The Depositor shall be responsible for any reasonable fees and expenses assessed or incurred by the Master Servicer in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. No later than 12:00 noon New York City time on the fourth Business Day after the Reportable Event, a senior officer of the Master Servicer in charge of the master servicing function shall sign and file with the Commission the Form 8-K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Master Servicer shall follow the procedures set forth in Section 4.31(d). Promptly (but no later than one Business Day) after filing with the Commission, the Master Servicer shall make available on its Internet website (located at xxx.xxxxxxx.xxx) a final executed copy of each Form 8-K. The signing party at the Master Servicer can be contacted by e-mail at xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx or by facsimile at (000) 000-0000. The parties to this Agreement acknowledge that the performance by the Master Servicer of its duties under this Section 4.31(a) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.31. The Master Servicer shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Master Servicer’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

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

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Reports filed with the Commission. (a) The Depositor shall prepare and file or cause to be prepared and filed the initial current report on Form 8-K. Thereafter, with respect to each Distribution Date, within four Business Days 15 days after such Distribution Date or, if shorter, within the occurrence period of an event requiring disclosure in a current report on Form 8-K (each such event, a “Reportable Event”), and if requested by time required under the Depositorrules of the Commission, the Master Servicer shall prepareshall, in accordance with industry standards, sign on behalf of the Depositor and file with the Commission any Form 8-K, as required by via the Exchange Act. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be determined and prepared by and at the direction of the Depositor pursuant to the this Section 4.31(a) and the Master Servicer shall have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in this Section 4.31(a). As set forth on Exhibit P-2 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than 12:00 noon New York City time on the second Business Day after the occurrence of a Reportable Event (i) the parties to the Bayview Financial Mortgage Pass-Through Trust 2006-A Mortgage Pass-Through Certificates, Series 2006-A transaction shall be required to provide to the Master Servicer and the Depositor, to the extent known by a responsible officer thereof, in form compatible with the Commission’s Electronic Data Gathering and Retrieval System (XXXXX), or in such other form as otherwise agreed upon by the Master Servicer and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification in the form of Exhibit P-5 hereto (an “Additional Disclosure Notification”), (ii) the Master Servicer shall forward to the Depositor the form and substance of the Form 8-K Disclosure Information and (iii) the Depositor shall approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information in writing to the Master Servicer no later than the Business Day prior to the date specified below for the execution and filing of such Form 8-K. The Depositor shall be responsible for any reasonable fees and expenses assessed or incurred by the Master Servicer in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. No later than 12:00 noon New York City time on the fourth Business Day after the Reportable Event, a senior officer of the Master Servicer in charge of the master servicing function shall sign and file with the Commission the Form 8-K. If a Form 8-K cannot be filed on time (or if a previously filed Form 8-K needs to be amended, the Master Servicer shall follow the procedures set forth in Section 4.31(d). Promptly (but no later than one Business Day) after filing with such other form prescribed by the Commission, the Master Servicer shall make available on its Internet website (located at xxx.xxxxxxx.xxx) with a final executed copy of each Form 8-K. The signing party at the Master Servicer can be contacted by e-mail at xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx or by facsimile at (000) 000-0000. The parties to this Agreement acknowledge that the performance by the Master Servicer of its duties under this Section 4.31(a) related statement to the timely preparation, execution and filing of Form 8-K is contingent upon Certificateholders for such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.31Distribution Date as an exhibit thereto. The Master Servicer shall have no liability for responsibility to file any lossitems other than those specified in this Section; provided, expensehowever, damage or claim arising out of or the Master Servicer shall cooperate with the Depositor in connection with any additional filings with respect to the Trust Fund as the Depositor deems necessary under the Exchange Act. The Master Servicer shall be entitled to reimbursement from the Trust Fund for any failure expenses incurred in connection with such additional filings. Prior to properly prepareJanuary 30, execute and/or timely 2006, the Master Servicer shall, in accordance with industry standards, sign on behalf of the Depositor and file a Form 15 Suspension Notification with respect to the Trust Fund, if applicable. The Master Servicer shall, as promptly as practicable, prepare and deliver to the Depositor (or such Person as the Depositor shall designate) a Form 810-K, where in substance conforming to industry standards, with respect to the Trust Fund. Prior to March 30, 2006 (provided that the executed Form 10-K and Form 10-K Certification are timely returned to it by the signing party), the Master Servicer shall file (but will not execute) such failure results from Form 10-K. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Exchange Act (the “Form 10-K Certification”) signed by an appropriate officer of the Depositor (which Form 10-K Certification the Master Servicer shall not be required to sign). The Depositor agrees to promptly furnish to the Master Servicer’s inability or failure , from time to obtain or receivetime upon request, on a timely basissuch further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Master Servicer reasonably deems appropriate to prepare and file all necessary reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Master Servicer reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Master Servicer shall have no responsibility to file any information from any items other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconductthan those specified in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D)

Reports filed with the Commission. (a) The Depositor shall prepare and file or cause to be prepared and filed the initial current report on Form 8-K. Thereafter, within four Business Days after the occurrence of an event requiring disclosure in a current report on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Master Servicer shall prepare, sign on behalf of the Depositor and file with the Commission any Form 8-K, as required by the Exchange Act. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be determined and prepared by and at the direction of the Depositor pursuant to the this Section 4.31(a) and the Master Servicer shall have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in this Section 4.31(a). As set forth on Exhibit P-2 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than 12:00 noon New York City time on the second Business Day after the occurrence of a Reportable Event (i) the parties to the Bayview Financial Mortgage Pass-Through Trust 2006-A C Mortgage Pass-Through Certificates, Series 2006-A C transaction shall be required to provide to the Master Servicer and the Depositor, to the extent known by a responsible officer thereof, in form compatible with the Commission’s Electronic Data Gathering and Retrieval System (“XXXXX”), or in such other form as otherwise agreed upon by the Master Servicer and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification in the form of Exhibit P-5 hereto (an “Additional Disclosure Notification”), and (ii) the Master Servicer shall forward to the Depositor the form and substance of the Form 8-K Disclosure Information and (iii) the Depositor shall approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information in writing to the Master Servicer no later than the Business Day prior to the date specified below for the execution and filing of such Form 8-K. The Depositor shall be responsible for any reasonable fees and expenses assessed or incurred by the Master Servicer in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. No later than 12:00 noon New York City time on the fourth Business Day after the Reportable Event, a senior officer duly authorized representative of the Master Servicer in charge of the master servicing function shall sign and file with the Commission the Form 8-K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Master Servicer shall follow the procedures set forth in Section 4.31(d). Promptly (but no later than one Business Day) after filing with the Commission, the Master Servicer shall make available on its Internet internet website (located at xxx.xxxxxxx.xxx) a final executed copy of each Form 8-K. K filed by the Master Servicer. The signing party at the Master Servicer can be contacted by e-mail at xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx or by facsimile at (000) 000-0000. The parties to this Agreement acknowledge that the performance by the Master Servicer of its duties under this Section 4.31(a) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.31. The Master Servicer shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Master Servicer’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

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

Reports filed with the Commission. (a) The Depositor shall prepare and file or cause to be prepared and filed the initial current report on Form 8-K. Thereafter, within four Business Days after the occurrence of an event requiring disclosure in a current report on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Master Servicer shall prepare, sign on behalf of the Depositor and file with the Commission any Form 8-K, as required by the Exchange Act. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be determined and prepared by and at the direction of the Depositor pursuant to the this Section 4.31(a) and the Master Servicer shall have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in this Section 4.31(a). As set forth on Exhibit P-2 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than 12:00 noon New York City time on the second Business Day after the occurrence of a Reportable Event (i) the parties to the Bayview Financial Mortgage Pass-Through Trust 2006-A B Mortgage Pass-Through Certificates, Series 2006-A B transaction shall be required to provide to the Master Servicer and the Depositor, to the extent known by a responsible officer thereof, in form compatible with the Commission’s Electronic Data Gathering and Retrieval System (“XXXXX”), or in such other form as otherwise agreed upon by the Master Servicer and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification in the form of Exhibit P-5 hereto (an “Additional Disclosure Notification”), and (ii) the Master Servicer shall forward to the Depositor the form and substance of the Form 8-K Disclosure Information and (iii) the Depositor shall approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information in writing to the Master Servicer no later than the Business Day prior to the date specified below for the execution and filing of such Form 8-K. The Depositor shall be responsible for any reasonable fees and expenses assessed or incurred by the Master Servicer in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. No later than 12:00 noon New York City time on the fourth Business Day after the Reportable Event, a senior officer duly authorized representative of the Master Servicer in charge of the master servicing function shall sign and file with the Commission the Form 8-K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Master Servicer shall follow the procedures set forth in Section 4.31(d). Promptly (but no later than one Business Day) after filing with the Commission, the Master Servicer shall make available on its Internet internet website (located at xxx.xxxxxxx.xxx) a final executed copy of each Form 8-K. K filed by the Master Servicer. The signing party at the Master Servicer can be contacted by e-mail at xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx or by facsimile at (000) 000-0000. The parties to this Agreement acknowledge that the performance by the Master Servicer of its duties under this Section 4.31(a) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.31. The Master Servicer shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Master Servicer’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview 2006-B)

Reports filed with the Commission. (a) The Depositor shall prepare and file or cause to be prepared and filed the initial current report on Form 8-K. Thereafter, within four Business Days after the occurrence of an event requiring disclosure in a current report on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Master Servicer shall prepare, sign on behalf of the Depositor and file with the Commission any Form 8-K, as required by the Exchange Act. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be determined and prepared by and at the direction of the Depositor pursuant to the this Section 4.31(a) and the Master Servicer shall have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in this Section 4.31(a). As set forth on Exhibit P-2 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than 12:00 noon New York City time on the second Business Day after the occurrence of a Reportable Event (i) the parties to the Bayview Financial Mortgage Pass-Through Trust 20062007-A Mortgage Pass-Through Certificates, Series 20062007-A transaction shall be required to provide to the Master Servicer and the Depositor, to the extent known by a responsible officer thereof, in form compatible with the Commission’s Electronic Data Gathering and Retrieval System (“XXXXX”), or in such other form as otherwise agreed upon by the Master Servicer and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification in the form of Exhibit P-5 hereto (an “Additional Disclosure Notification”), and (ii) the Master Servicer shall forward to the Depositor the form and substance of the Form 8-K Disclosure Information and (iii) the Depositor shall approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information in writing to the Master Servicer no later than the Business Day prior to the date specified below for the execution and filing of such Form 8-K. The Depositor shall be responsible for any reasonable fees and expenses assessed or incurred by the Master Servicer in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. No later than 12:00 noon New York City time on the fourth Business Day after the Reportable Event, a senior officer duly authorized representative of the Master Servicer in charge of the master servicing function shall sign and file with the Commission the Form 8-K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Master Servicer shall follow the procedures set forth in Section 4.31(d). Promptly (but no later than one Business Day) after filing with the Commission, the Master Servicer shall make available on its Internet internet website (located at xxx.xxxxxxx.xxx) a final executed copy of each Form 8-K. K filed by the Master Servicer. The signing party at the Master Servicer can be contacted by e-mail at xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx or by facsimile at (000) 000-0000. The parties to this Agreement acknowledge that the performance by the Master Servicer of its duties under this Section 4.31(a) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.31. The Master Servicer shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Master Servicer’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

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

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Reports filed with the Commission. (a) The Depositor shall prepare and file or cause to be prepared and filed the initial current report on Form 8-K. Thereafter, within four Business Days after the occurrence of an event requiring disclosure in a current report on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Master Servicer shall prepare, sign on behalf of the Depositor and file with the Commission any Form 8-K, as required by the Exchange Act. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be determined and prepared by and at the direction of the Depositor pursuant to the this Section 4.31(a) and the Master Servicer shall have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in this Section 4.31(a). As set forth on Exhibit P-2 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than 12:00 noon New York City time on the second Business Day after the occurrence of a Reportable Event (i) the parties to the Bayview Financial Mortgage Pass-Through Trust 20062007-A B Mortgage Pass-Through Certificates, Series 20062007-A B transaction shall be required to provide to the Master Servicer and the Depositor, to the extent known by a responsible officer thereof, in form compatible with the Commission’s Electronic Data Gathering and Retrieval System (“XXXXXEDGAX”), or in such other form as otherwise agreed upon by the Master Servicer and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification in the form of Exhibit P-5 hereto (an “Additional Disclosure Notification”), and (ii) the Master Servicer shall forward to the Depositor the form and substance of the Form 8-K Disclosure Information and (iii) the Depositor shall approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information in writing to the Master Servicer no later than the Business Day prior to the date specified below for the execution and filing of such Form 8-K. The Depositor shall be responsible for any reasonable fees and expenses assessed or incurred by the Master Servicer in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. No later than 12:00 noon New York City time on the fourth Business Day after the Reportable Event, a senior officer duly authorized representative of the Master Servicer in charge of the master servicing function shall sign and file with the Commission the Form 8-K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Master Servicer shall follow the procedures set forth in Section 4.31(d). Promptly (but no later than one Business Day) after filing with the Commission, the Master Servicer shall make available on its Internet internet website (located at xxx.xxxxxxx.xxxwww.xxxxxxx.xxx) a x final executed copy of each Form 8-K. K filed by the Master Servicer. The signing party at the Master Servicer can be contacted by e-mail at xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx or cts.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx xx by facsimile at (000410) 000-0000. The Xxe parties to this Agreement acknowledge that the performance by the Master Servicer of its duties under this Section 4.31(a) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.31. The Master Servicer shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Master Servicer’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B)

Reports filed with the Commission. (a) The Depositor shall prepare and file or cause to be prepared and filed the initial current report on Form 8-K. Thereafter, within four Business Days after the occurrence of an event requiring disclosure in a current report on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Master Servicer shall prepare, sign on behalf of the Depositor and file with the Commission any Form 8-K, as required by the Exchange Act. Any disclosure or information related to a Reportable Event or that is otherwise required to be included on Form 8-K (“Form 8-K Disclosure Information”) shall be determined and prepared by and at the direction of the Depositor pursuant to the this Section 4.31(a) and the Master Servicer shall have no duty or liability for any failure hereunder to determine or prepare any Form 8-K Disclosure Information or any Form 8-K, except as set forth in this Section 4.31(a). As set forth on Exhibit P-2 hereto, for so long as the Trust Fund is subject to the Exchange Act reporting requirements, no later than 12:00 noon New York City time on the second Business Day after the occurrence of a Reportable Event (i) the parties to the Bayview Financial Mortgage Pass-Through Trust 2006-A D Mortgage Pass-Through Certificates, Series 2006-A D transaction shall be required to provide to the Master Servicer and the Depositor, to the extent known by a responsible officer thereof, in form compatible with the Commission’s Electronic Data Gathering and Retrieval System (“XXXXXEXXXX”), or in such other form as otherwise agreed upon by the Master Servicer and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification in the form of Exhibit P-5 hereto (an “Additional Disclosure Notification”), and (ii) the Master Servicer shall forward to the Depositor the form and substance of the Form 8-K Disclosure Information and (iii) the Depositor shall approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information in writing to the Master Servicer no later than the Business Day prior to the date specified below for the execution and filing of such Form 8-K. The Depositor shall be responsible for any reasonable fees and expenses assessed or incurred by the Master Servicer in connection with including any Form 8-K Disclosure Information on Form 8-K pursuant to this paragraph. No later than 12:00 noon New York City time on the fourth Business Day after the Reportable Event, a senior officer duly authorized representative of the Master Servicer in charge of the master servicing function shall sign and file with the Commission the Form 8-K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Master Servicer shall follow the procedures set forth in Section 4.31(d). Promptly (but no later than one Business Day) after filing with the Commission, the Master Servicer shall make available on its Internet internet website (located at xxx.xxxxxxx.xxxwxx.xxxxxxx.xxx) a final executed copy of each Form 8-K. K filed by the Master Servicer. The signing party at the Master Servicer can be contacted by e-mail at xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx cxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx or by facsimile at (000) 000-0000. The parties to this Agreement acknowledge that the performance by the Master Servicer of its duties under this Section 4.31(a) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.31. The Master Servicer shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Master Servicer’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

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

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