Common use of Reports Filed with the Securities and Exchange Commission Clause in Contracts

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 days after each Distribution Date, the Master Servicer shall, in accordance with industry standards, file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K shall also include any information that the Depositor may provide for inclusion therein. Prior to January 30, 2004, the Master Servicer shall, in accordance with industry standards, 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 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Prior to March 30, 2004 (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 Form 10-K. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties (which Form 10-K Certification the Master Servicer shall not be required to sign). The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mort Pass THR Certs Ser 2003-F), Pooling and Servicing Agreement (Bayview Financial Securities Co LLC), Pooling and Servicing Agreement (Bayview Financial Corp Mortgage Pass THR Certs Ser 2003-E)

AutoNDA by SimpleDocs

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, with respect to each Distribution Date, within 15 days after each such Distribution DateDate or, if shorter, within the period of time required under the rules of the Securities and Exchange Commission (the “Commission”), the Master Servicer shall, in accordance with industry standards, file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K (or such other form prescribed by the Commission) with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K (or other prescribed form) shall also include any information that the Depositor may provide for inclusion therein. Prior to January 30, 20042005, the Master Servicer shall, in accordance with industry standards, 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 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Prior to March 30, 2004 2005 (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 Form 10-K. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties (which Form 10-K Certification the Master Servicer shall not be required to sign). The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Securties Company, LLC Mortgage Pass-Through Certificates, Series2004-D), Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 C)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 10 days after each Distribution Date(or, if applicable, within such shorter period of time as is required under the SEC Rules), the Master Servicer shall, in accordance with industry standards, sign on behalf of the Depositor and file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 810-K D with (i) a copy of the statement to the Certificateholders Securityholders for such Distribution Payment Date and (ii) such other information as an exhibit theretois required by Form 10-D, including, but not limited to, the information required by Item 1121 (§229.1121) of Regulation AB, so long as such information is made available to the Master Servicer in a format compatible with XXXXX filing requirements. Such Form-8-K The Master Servicer shall also include have no responsibility to file any information that items other than those specified in this Section; provided, however, the Master Servicer shall cooperate with the Depositor may provide in connection with any additional filings with respect to the Trust as the Depositor deems necessary under the Exchange Act. The Master Servicer shall be entitled to reimbursement from the Trust for inclusion thereinany expenses incurred in connection with such additional filings. Prior to January 30, 200420[ ], if at the beginning of fiscal year [ ], the Notes of each Class are held of record by less than 300 persons, the Master Servicer shall, in accordance with industry standardsSection 15(d) of the Exchange Act, sign on behalf of the Depositor and file a Form 15 Suspension Notification with respect to the Trust FundTrust, 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 10-K, in substance conforming to industry standards, with respect to the Trust FundTrust. Prior On or prior to March 3020, 2004 20[ ] (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 Form 10-K. The Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties officer of the Depositor (which Form 10-K Certification the Master Servicer shall not be required to sign), (x) the annual certifications delivered by the Indenture Trustee, the Administrator, the Master Servicer and each Servicer, Subservicer or Subcontractor pursuant to this Agreement, the Servicing Agreements and any Subservicing Agreements, (y) the related public accounting firm attestation reports and (z) such other information as is required by SEC Rules and Regulation AB. If any party’s report on assessment of compliance with servicing criteria required by clause (x) in the immediately preceding sentence, or the related public accounting firm attestation report required by clause (y) in the immediately preceding sentence, identifies any material instance of noncompliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§229.1122(d)), the Master Servicer shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Master Servicer is unable to include any report required by either clause (x) or (y) of the immediately preceding sentence in the form 10-K, the Master Servicer shall disclose such fact in the form 10-K together with an explanation as to why such report is not included as an exhibit in the Form 10-K. The Master Servicer shall have no liability for any delay in filing the Form 10-D, Form 10-K or Form 10-K Certification due to the failure of any party to sign such Form 10-D, Form 10-K, or Form 10-K certification. The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (BLG Securities Company, LLC)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 10 days (or, if applicable, within such shorter period of time as is required under the SEC Rules) after each Distribution Date, the Master Servicer shall, in accordance with industry standards, sign on behalf of the Depositor and file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 810-K D with (i) a copy of the statement to the Certificateholders for such Distribution Date and (ii) such other information as an exhibit theretois required by Form 10-D, including, but not limited to, the information required by Item 1121 (§229.1121) of Regulation AB, so long as such information is made available to the Master Servicer in a format compatible with XXXXX filing requirements. Such Form-8-K The Master Servicer shall also include have no responsibility to file any information that items other than those specified in this Section; provided, however, the Master Servicer shall cooperate with the Depositor may provide 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 inclusion thereinany expenses incurred in connection with such additional filings. Prior to January 30, 200420[ ], 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 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Prior On or prior to March 3020, 2004 20[ ] (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 Form 10-K. The Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties officer of the Depositor (which Form 10-K Certification the Master Servicer shall not be required to sign), (x) the annual statement of compliance and assessment of compliance with servicing criteria delivered by the Trustee, the Master Servicer and each Servicer, Subservicer or applicable Subcontractor pursuant to this Agreement, the Servicing Agreements and any Subservicing Agreements, (y) the related public accounting firm attestation reports and (z) such other information as is required by SEC Rules and Regulation AB. If any party’s statement of compliance or assessment of compliance with servicing criteria required by clause (x) in the immediately preceding sentence, or the related public accounting firm attestation report required by clause (y) in the immediately preceding sentence, identifies any material instance of noncompliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§229.1122(d)), the Master Servicer shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Master Servicer is unable to include any statement of compliance or assessment of compliance required by clause (x), or any public accounting firm attestation report required by clause (y), of the immediately preceding sentence in the form 10-K, the Master Servicer shall disclose such fact in the form 10-K together with an explanation as to why such report is not included as an exhibit in the Form 10-K. The Master Servicer shall have no liability for any delay in filing the Form 10-D, Form 10-K or Form 10-K Certification due to the failure of any party to sign such Form 10-D, Form 10-K, or Form 10-K certification. The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC), Pooling and Servicing Agreement (BLG Securities Company, LLC)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within Within 15 days after each Distribution Date, the Master Servicer Securities Administrator shall, in accordance with industry standards, file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Trustee who shall furnish a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K shall also include any information that the Depositor may provide for inclusion therein. Prior to January 30, 2004, the Master Servicer Securities Administrator shall, in accordance with industry standards, file a Form 15 Suspension Notification Notice with respect to the Trust FundTrust, if applicable. The On or prior to (i) March 1, 2004 and (ii) unless and until a Form 15 Suspension Notice shall have been filed, on or prior to March 1 of each year thereafter, the Master Servicer shallshall provide the Securities Administrator with a Master Servicer Certification, as promptly as practicabletogether with a copy of the annual independent accountant’s servicing report and annual statement of compliance of each Servicer, prepare in each case, required to be delivered pursuant to its Servicing Agreement, and, if applicable, the annual independent accountant’s servicing report and deliver annual statement of compliance to be delivered by the Depositor (Master Servicer pursuant to Section 9.25 and 9.26. On or such Person as prior to March 31, 2004 and, unless and until a Form 15 Suspension Notice shall have been filed, on or prior to March 31 of each year thereafter, the Depositor Securities Administrator shall designate) file a Form 10-K, in substance conforming to industry standards, with respect to the Trust FundTrust. Prior to March 30, 2004 (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 Form 10-K. The Such Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities Master Servicer Certification and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed other documentation provided by an appropriate party or parties (which Form 10-K Certification the Master Servicer pursuant to the second preceding sentence. The Depositor hereby grants to the Securities Administrator a limited power of attorney to execute and file each such document on behalf of the Depositor. Such power of attorney shall not be required to sign)continue until either the earlier of (i) receipt by the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust. The Depositor agrees to promptly furnish to the Master ServicerSecurities Administrator, from time to time upon request, such further information, reports, reports and financial statements within its control related to this Agreement and or 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 Securities Administrator reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Master Servicer Securities Administrator shall have no responsibility to file any items other than those specified in this SectionSection 9.23; provided, however, the Securities Administrator will cooperate with the Depositor in connection with any additional filings with respect to the Trust as the Depositor deems necessary under the Securities Exchange Act of 1934, as amended. Copies of all reports filed by the Securities Administrator under the Exchange Act shall be sent to the Depositor. Fees and expenses incurred by the Securities Administrator in connection with this Section shall not be reimbursable from the Trust.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, with respect to each Distribution Date, within 15 days after each such Distribution DateDate or, if shorter, within the period of time required under the rules of the Securities and Exchange Commission (the “Commission”), the Master Servicer shall, in accordance with industry standards, file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K (or such other form prescribed by the Commission) with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K (or other prescribed form) shall also include any information that the Depositor may provide for inclusion therein. Prior to January 30, 20042005, the Master Servicer shall, in accordance with industry standards, 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 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Prior to March 30, 2004 2005 (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 Form 10-K. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties (which Form 10-K Certification the Master Servicer shall not be required to sign). The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 A)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, with respect to each Distribution Date, within 15 days after each such Distribution DateDate or, if shorter, within the period of time required under the rules of the Securities and Exchange Commission (the “Commission”), the Master Servicer shall, in accordance with industry standards, sign on behalf of the Depositor and file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K (or such other form prescribed by the Commission) with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K The Master Servicer shall also include have no responsibility to file any information that items other than those specified in this Section; provided, however, the Master Servicer shall cooperate with the Depositor may provide 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 inclusion thereinany expenses incurred in connection with such additional filings. Prior to January 30, 20042006, 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 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Prior to March 30, 2004 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 Form 10-K. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties 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, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C)

AutoNDA by SimpleDocs

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, with respect to each Distribution Date, within 15 days after each such Distribution DateDate or, if shorter, within the period of time required under the rules of the Securities and Exchange Commission (the “Commission”), the Master Servicer shall, in accordance with industry standards, file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K (or such other form prescribed by the Commission) with a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K The Master Servicer shall also include have no responsibility to file any information that items other than those specified in this Section; provided, however, the Master Servicer shall cooperate with the Depositor may provide for inclusion thereinin connection with any additional filings with respect to the Trust Fund as the Depositor deems necessary under the Exchange Act. Prior to January 30, 20042006, the Master Servicer shall, in accordance with industry standards, 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 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Prior to March 30, 2004 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 Form 10-K. The Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties (which Form 10-K Certification the Master Servicer shall not be required to sign). The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within Within 15 days after each Distribution Date, the Master Servicer Securities Administrator shall, in accordance with industry standards, file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Trustee who shall furnish a copy of the statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K shall also include any information that the Depositor may provide for inclusion therein. Prior to January 30, 20042005, the Master Servicer Securities Administrator shall, in accordance with industry standards, file a Form 15 Suspension Notification Notice with respect to the Trust FundTrust, if applicable. The On or prior to (i) March 1, 2005 and (ii) unless and until a Form 15 Suspension Notice shall have been filed, on or prior to March 1 of each year thereafter, the Master Servicer shallshall provide the Securities Administrator with a Master Servicer Certification, as promptly as practicabletogether with a copy of the annual independent accountant’s servicing report and annual statement of compliance of each Servicer, prepare in each case, required to be delivered pursuant to its Servicing Agreement, and, if applicable, the annual independent accountant’s servicing report and deliver annual statement of compliance to be delivered by the Depositor Master Servicer pursuant to Section 9.25 and 9.26. On or prior to (or such Person as i) March 31, 2005 and (ii) unless and until a Form 15 Suspension Notice shall have been filed, the Depositor 90th day of each year thereafter, the Securities Administrator shall designate) file a Form 10-K, in substance conforming to industry standards, with respect to the Trust FundTrust. Prior to March 30, 2004 (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 Form 10-K. The Such Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities Master Servicer Certification and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed other documentation provided by an appropriate party or parties (which Form 10-K Certification the Master Servicer pursuant to the second preceding sentence. The Depositor hereby grants to the Securities Administrator a limited power of attorney to execute and file each such document on behalf of the Depositor. Such power of attorney shall not be required to sign)continue until either the earlier of (i) receipt by the Securities Administrator from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust. The Depositor agrees to promptly furnish to the Master ServicerSecurities Administrator, from time to time upon request, such further information, reports, reports and financial statements within its control related to this Agreement and or 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 Securities Administrator reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Master Servicer Securities Administrator shall have no responsibility to file any items other than those specified in this SectionSection 9.23; provided, however, the Securities Administrator will cooperate with the Depositor in connection with any additional filings with respect to the Trust as the Depositor deems necessary under the Securities Exchange Act of 1934, as amended. Copies of all reports filed by the Securities Administrator under the Exchange Act shall be sent to the Depositor. Fees and expenses incurred by the Securities Administrator in connection with this Section shall not be reimbursable from the Trust.

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2004-3)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within 15 10 days after each Distribution Date(or, if applicable, within such shorter period of time as is required under the SEC Rules), the Master Servicer shall, in accordance with industry standards, sign on behalf of the Depositor and file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 810-K D with (i) a copy of the statement to the Certificateholders Securityholders for such Distribution Payment Date and (ii) such other information as an exhibit theretois required by Form 10-D, including, but not limited to, the information required by Item 1121 (§229.1121) of Regulation AB, so long as such information is made available to the Master Servicer in a format compatible with XXXXX filing requirements. Such Form-8-K The Master Servicer shall also include have no responsibility to file any information that items other than those specified in this Section; provided, however, the Master Servicer shall cooperate with the Depositor may provide in connection with any additional filings with respect to the Trust as the Depositor deems necessary under the Exchange Act. The Master Servicer shall be entitled to reimbursement from the Trust for inclusion thereinany expenses incurred in connection with such additional filings. Prior to January 30, 200420[ ], 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 FundTrust, 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 10-K, in substance conforming to industry standards, with respect to the Trust FundTrust. Prior On or prior to March 3020, 2004 20[ ] (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 Form 10-K. The Form 10-K shall include (w) the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed by an appropriate party or parties officer of the Depositor (which Form 10-K Certification the Master Servicer shall not be required to sign), (x) the annual certifications delivered by the Indenture Trustee, the Administrator, the Master Servicer and each Servicer, Subservicer or Subcontractor pursuant to this Agreement, the Servicing Agreements and any Subservicing Agreements, (y) the related public accounting firm attestation reports and (z) such other information as is required by SEC Rules and Regulation AB. If any party’s report on assessment of compliance with servicing criteria required by clause (x) in the immediately preceding sentence, or the related public accounting firm attestation report required by clause (y) in the immediately preceding sentence, identifies any material instance of noncompliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB (§229.1122(d)), the Master Servicer shall identify the material instance of noncompliance in such report in the Form 10-K; and in the event that the Master Servicer is unable to include any report required by either clause (x) or (y) of the immediately preceding sentence in the form 10-K, the Master Servicer shall disclose such fact in the form 10-K together with an explanation as to why such report is not included as an exhibit in the Form 10-K. The Master Servicer shall have no liability for any delay in filing the Form 10-D, Form 10-K or Form 10-K Certification due to the failure of any party to sign such Form 10-D, Form 10-K, or Form 10-K certification. The Depositor agrees to promptly furnish to the Master Servicer, from time to time upon request, such 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 items other than those specified in this Section.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC)

Reports Filed with the Securities and Exchange Commission. (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Thereafter, within Within 15 days after each Distribution Date, the Master Servicer Trustee shall, in accordance with industry standards, file with the Securities and Exchange Commission (the “Commission”) via the Electronic Data Gathering and Retrieval System (XXXXX)System, a Form 8-K with a copy of the monthly statement to the Certificateholders for such Distribution Date as an exhibit thereto. Such Form-8-K shall also include any information that the Depositor may provide for inclusion therein. Prior to January 30, 2004, the Master Servicer Trustee shall, in accordance with industry standardsstandards and only if instructed by the Depositor, file a Form 15 Suspension Notification Notice with respect to the Trust Fund, if applicable. The Prior to (i) March 15, 2004 and (ii) unless and until a Form 15 Suspension Notice shall have been filed, prior to March 15 of each year thereafter, the Master Servicer shallshall provide the Trustee with a Master Servicer Certification, as promptly as practicabletogether with a copy of the annual statement of compliance and annual independent accountant's servicing report to be delivered by the Master Servicer pursuant to Sections 3.15 and 3.16. Prior to (i) March 31, prepare 2004 and deliver to (ii) unless and until a Form 15 Suspension Notice shall have been filed, March 31 of each year thereafter, the Depositor (or such Person as the Depositor Trustee shall designate) file a Form 10-K, in substance conforming to industry standards, with respect to the Trust FundTrust. Prior to March 30, 2004 (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 Form 10-K. The Such Form 10-K shall include the certification required pursuant to Rule 13a-14 under the Securities and Exchange Act of 1934, as amended (the “Form 10-K Certification”) signed be executed by an appropriate party or parties (which Form 10-K Certification the Master Servicer and include the Master Servicer Certification and other documentation provided by the Master Servicer pursuant to the second preceding sentence. The Depositor hereby grants to the Master Servicer and the Trustee a limited power of attorney to execute and file, respectively, each such document on behalf of the Depositor. Such power of attorney shall not be required to sign)continue until either the earlier of (i) receipt by the Master Servicer and the Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Depositor agrees to promptly furnish to the Master ServicerTrustee, from time to time upon request, such further information, reports, reports and financial statements within its control related to this Agreement and Agreement, 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 Depositor or the Master Servicer reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Master Servicer Trustee shall have no responsibility to file any items other than those specified in this SectionSection 3.20; provided, however, the Trustee will 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. Copies of all reports filed by the Trustee under the Exchange Act shall be sent to: the Depositor c/o Bear, Xxxxxxx & Co. Inc., Attn: Managing Director-Analysis and Control, Xxx Xxxxxxxxx Xxxxxx Xxxxx, Xxxxxxxx, Xxx Xxxx 00000-0000. Fees and expenses incurred by the Trustee in connection with this Section 3.20 shall be reimbursable to the Trustee by the Master Servicer and shall not be reimbursable from the Trust Fund.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003 -Abf1)

Time is Money Join Law Insider Premium to draft better contracts faster.