Reporting Requirements of the Commission. Notwithstanding any other provision of this Agreement, the Servicer shall (i) agree to such modifications and enter into such amendments to this Agreement as may be necessary, in the judgment of the Depositor and its counsel, to comply with any rules promulgated by the Commission and any interpretations thereof by the staff of the Commission (collectively, “SEC Rules”) and (ii) upon request provide to the Depositor for inclusion in any periodic report required to be filed under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), such items of information regarding this Agreement and matters related to the Servicer, including as applicable (by way of example and not limitation), a description of any material litigation or governmental action or proceeding involving the Servicer or its affiliates (collectively, the “Servicer Information”), provided, that such information shall be required to be provided by the Servicer only to the extent that such shall be determined by the Depositor and its counsel to be necessary to comply with any SEC Rules.
Appears in 3 contracts
Sources: Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C), Servicing Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D)