Securitization Financial Statements. Borrower acknowledges that all such financial information delivered by Borrower to Lender pursuant to Article XI may, at Lender’s option, be delivered to the Rating Agencies.
Securitization Financial Statements. Borrowers acknowledge that all such financial information delivered by Borrowers to Lender pursuant to Section 5.1(j) may, at Lender’s option, be delivered to the Rating Agencies.
Securitization Financial Statements. 100 14.3 SECURITIZATION INDEMNIFICATION................................................................100 14.3.1
Securitization Financial Statements. Borrowers and Operating Lessees acknowledge that all such financial information delivered by Borrowers or Operating Lessees to Lender pursuant to Section 5.1(j) may, at Lender's option, be delivered to the Rating Agencies.
Securitization Financial Statements. Grantor covenants and ----------------------------------- agrees that, upon Beneficiary's written request therefor in connection with a securitization in which this Mortgage is to be included as an asset, Grantor shall, at Grantor's sole cost and expense, promptly deliver audited financial statements and related documentation prepared by an independent certified public accountant that satisfy applicable federal securities law requirements for use in a Public Registration Statement (which may include up to three (3) years of historical audited financial statements). A "Public Registration Statement" shall mean a registration statement meeting the requirements of Section 5 of the Securities Act of 1933, as amended.
Securitization Financial Statements. Grantor covenants and agrees that, upon Beneficiary's written request therefor in connection with a Securitization in which this Mortgage is to be included as an asset, Grantor shall, at Grantor's sole cost and expense, deliver audited financial statements and related documentation prepared in compliance with Section 14 hereof by an independent certified public accountant that satisfy applicable federal securities law requirements for use in a Public Registration Statement (which may include up to three (3) years of historical audited financial statements). A "Public Registration Statement" shall mean a registration statement meeting the requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act"). Notwithstanding 109 anything contained in this subsection (c), Beneficiary shall reimburse Grantor within 30 days after written demand therefor for all costs relating to the delivery of financial statements and related documentation prepared in connection with this subsection (c) which are in excess of the costs of financial statements and related documentation which Grantor would otherwise incur pursuant to Section 14 hereof. (d)
Securitization Financial Statements. Borrower covenants and agrees that, upon Lender's written request therefor in connection with a securitization in which this Mortgage is to be included as an asset, Borrower shall, at Borrower's sole cost and expense, promptly deliver the most recent audited financial statements and related documentation prepared by an independent certified public accountant that satisfy applicable federal securities law requirements for use in a Public Registration Statement (which may include up to three (3) years of historical audited financial statements or for so long as Borrower has owned a Property). A "Public Registration Statement" shall mean a registration statement meeting the requirements of Section 5 of the Securities Act of 1933, as amended.
Securitization Financial Statements. Mortgagor covenants and ----------------------------------- agrees that, upon Mortgagee's written request therefor in connection with a Securitization in which this Mortgage or any interest therein is to be included as an asset, Mortgagor shall deliver audited financial statements and related documentation prepared in compliance with Section 1.11 hereof by an independent certified public accountant that satisfy applicable federal securities law requirements for use in a Public Registration Statement (which may include up to three (3) years of historical audited financial statements) or an offering memorandum in connection with a private placement. A "Public Registration Statement" shall mean a registration statement meeting the requirements of Section 5 of the Securities Act of 1933, as amended (the "Securities Act").(d) --------------------- Costs and Expenses. Notwithstanding anything in this Mortgage to the contrary, ------------------ Mortgagee shall pay or reimburse Mortgagor for any and all out-of-pocket fees, costs and expenses incurred by Mortgagor relating to any securitization, including, without limitation, fees and expenses of any trustee or servicer and its counsel and underwriter's counsel and accountants and the reasonable fees and expenses of any independent director(s) of the SPC member of Xxxxxx not to exceed $1,000 per year) other than those fees, costs and expenses which are otherwise expressly the obligation of Mortgagor under this Mortgage or the other Loan Documents and would be incurred absent any proposed or actual Securitization. Whether or not any Securitization closes, Mortgagee shall, at the direction of Mortgagor, pay directly or reimburse Mortgagor within 30 days after demand for any reasonable out-of-pocket costs and expenses (including reasonable fees and disbursements of accountants and counsel) incurred by Mortgagor in connection with any Securitization which are in excess of the costs of financial statements and related documentation which Mortgagor would incur pursuant to Section 1.11 hereof. If in connection with any such Securitization involving the rating of the Loan or any Note or interest in the Loan or any Note by a Rating Agency, the servicer or subservicer of the Loan or any Note or interest in the Loan or any Note will no longer be Mortgagee or any affiliated entity of Mortgagee, then Mortgagor shall have the right in its reasonable discretion to approve such new servicer, however, such approval shall be deemed...
Securitization Financial Statements. Mortgagor covenants and agrees that, upon Mortgagee's written request therefor in connection with a securitization in which this Mortgage is to be included as an asset, Mortgagor shall, at Mortgagor's sole cost and expense, promptly deliver the most recent audited financial statements and related documentation prepared by an independent certified public accountant that satisfy applicable federal securities law requirements for use in a Public Registration Statement (which may include up to three (3) years of historical audited financial statements or for so long as Mortgagor has owned a Property). A "Public Registration Statement" shall mean a registration statement meeting the requirements of Section 5 of the Securities Act of 1933, as amended.
Securitization Financial Statements. Borrower covenants and agrees that, upon Lxxxxx's written request therefor in connection with a securitization in which this Mortgage is to be included as an asset, such Borrower shall, at Borrower's sole cost and expense, promptly deliver audited financial statements and related documentation prepared by an independent certified public accountant that satisfy applicable federal securities law requirements for use in a Disclosure Document (as hereinafter defined) (which may include up to five (5) years of historical audited financial statements to the extent in Borrower's possession).
