Notice to Each Rating Agency. (a) The Certificate Administrator shall use its commercially reasonable efforts to promptly provide notice the 17g-5 Information Provider by e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the 17g-5 Information Provider shall promptly upload such notice or information to the 17g-5 Information Provider’s Website. Information will be posted on the same Business Day of receipt provided that such information is received by 2:00 p.m. (New York time) or, if received after 2:00 p.m., on the next Business Day by 12:00 p.m. (New York time): (i) any material change or amendment to this Agreement or the Loan Agreement; (ii) the occurrence of any Event of Default that has not been cured; (iii) the merger, consolidation, resignation or termination of the Servicer, Special Servicer, the Certificate Administrator or the Trustee; (iv) any notice of a Servicer Termination Event or Special Servicer Termination Event delivered pursuant to Section 7.1(b) and any notice of the termination of the Servicer or the Special Servicer and appointment of a successor to the Servicer or the Special Servicer delivered pursuant to Section 7.3(a); (v) the Loan Seller’s repurchase of the Trust Loan pursuant to Sections 2.2 and 2.8; (vi) the final payment to any Class of Certificateholders; (vii) any change in the location of any Reserve Account or the Distribution Account; (viii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Servicer; (ix) any change in the lien priority of the Trust Loan; and (x) each Distribution Date Statement described in Section 4.4(a) and the CREFC® Reports. (b) The Servicer or the Special Servicer shall promptly furnish to the 17g-5 Information Provider by e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the 17g-5 Information Provider shall promptly upload such documents to the 17g-5 Information Provider’s Website. Information will be posted on the same Business Day of receipt provided that such information is received by 2:00 p.m. (New York time) or, if received after 2:00 p.m., on the next Business Day by 12:00 p.m. (New York time): (i) each of its annual statements as to compliance described in Section 11.7; (ii) each of its annual independent public accountants’ servicing reports described in Section 11.9; (iii) a copy of each operating and other financial statements or occupancy report to the extent such information is required to be delivered under the Whole Loan and to the extent such information is collected by the Servicer or the Special Servicer pursuant to this Agreement; (iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.22; and (v) upon request, each appraisal obtained pursuant to Section 3.7.
Appears in 2 contracts
Sources: Trust and Servicing Agreement (GS Mortgage Securities Trust 2016-Gs3), Trust and Servicing Agreement (Gs Mortgage Securities Corp Ii)
Notice to Each Rating Agency. (a) The Certificate Administrator shall use its commercially reasonable efforts to promptly provide notice to the 17g-5 Information Provider by e-mail with respect to each of the following of which a Responsible Officer of the Certificate Administrator has actual knowledge, and the 17g-5 Information Provider shall promptly upload such notice or information to the 17g-5 Information Provider’s Website. Information will be posted on the same Business Day of receipt provided that such information is received by 2:00 p.m. (New York time) or, if received after 2:00 p.m., on the next Business Day by 12:00 p.m. (New York time):
(i) any material change or amendment to this Agreement or the Loan Agreement;
(ii) the occurrence of any Event of Default that has not been cured;
(iii) the merger, consolidation, resignation or termination of the Servicer, Special Servicer, the Certificate Administrator or the Trustee;
(iv) any notice of a Servicer Termination Event or Special Servicer Termination Event delivered pursuant to Section 7.1(b) and any notice of the termination of the Servicer or the Special Servicer and appointment of a successor to the Servicer or the Special Servicer delivered pursuant to Section 7.3(a);
(v) each of the Loan Seller’s Sellers’ repurchase of the related Loan Seller Percentage Interest in the Trust Loan pursuant to Sections 2.2 and 2.8;
(vi) the final payment to any Class of Certificateholders;
(vii) any change in the location of any Reserve Account or the Distribution Account;
(viii) any event that would result in the voluntary or involuntary termination of any insurance of the accounts of the Servicer;
(ix) any change in the lien priority of the Trust Loan; and
(x) each Distribution Date Statement described in Section 4.4(a) and the CREFC® Reports.
(b) The Servicer or the Special Servicer shall promptly furnish to the 17g-5 Information Provider by e-mail copies of the following (to the extent not already delivered or made available pursuant to the terms of this Agreement), and the 17g-5 Information Provider shall promptly upload such documents to the 17g-5 Information Provider’s Website. Information will be posted on the same Business Day of receipt provided that such information is received by 2:00 p.m. (New York time) or, if received after 2:00 p.m.p.m. (New York time), on the next Business Day by 12:00 p.m. (New York time):
(i) each of its annual statements as to compliance described in Section 11.7;
(ii) each of its annual independent public accountants’ servicing reports described in Section 11.9;
(iii) a copy of each operating and other financial statements or occupancy report to the extent such information is required to be delivered under the Whole Loan and to the extent such information is collected by the Servicer or the Special Servicer pursuant to this Agreement;
(iv) upon request, each inspection report prepared in connection with any inspection conducted pursuant to Section 3.22; and
(v) upon request, each appraisal obtained pursuant to Section 3.7.
Appears in 2 contracts
Sources: Trust and Servicing Agreement (JPMDB Commercial Mortgage Securities Trust 2017-C5), Trust and Servicing Agreement (GS Mortgage Securities Trust 2017-Gs5)