Common use of Reports Filed on Form 8-K Clause in Contracts

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered Notes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 2007-1 transaction shall be required to provide to the Securities Administrator and Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor. Promptly, but no later than the close of business on the third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each Form 8-K filed by the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 3.19.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 2007-1 4 transaction shall be required to provide to the Securities Administrator and Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, ; provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor. Promptly, but no later than the close of business on the third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each Form 8-K filed by the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.193.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust Fund a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T O to the Depositor and the Securities Administrator and directed and approved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close of business noon (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ MortgageIT Mortgage Securities Loan Trust 20072006-1 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor. Promptly, but no later than the close of business on the third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes change to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative officer of the Master Servicer shall sign each Form 8-K filed by the Securities Administrator. K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.193.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs.. 217412 HomeBanc 2007-1 Pooling and Servicing Agreement (ii) As set forth on Exhibit T J hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ HomeBanc Mortgage Securities Trust 2007-1 Mortgage Pass-Through Certificates transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a duly authorized officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.198.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 8.04(c) 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 8.04(c). Neither the Securities Administrator nor the Master Servicer shall have any 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 Securities Administrator’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

Sources: Pooling and Servicing Agreement (Homebanc Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered Notes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs.. 201359 HomeBanc 2006-2 Transfer and Servicing Agreement (ii) As set forth on Exhibit T O hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ HomeBanc Mortgage Securities Trust 20072006-1 2 Mortgage Backed Notes transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a duly authorized officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.198.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 8.04(c) 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 8.04(c). Neither the Securities Administrator nor the Master Servicer shall have any 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 Securities Administrator’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

Sources: Transfer and Servicing Agreement (Homebanc Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 20072006-1 transaction shall be required to provide to the Securities Administrator and DepositorAdministrator, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, (ii) the Securities Administrator shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiiii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a senior officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.193.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 20072006-1 6 transaction shall be required to provide to the Securities Administrator and Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor. Promptly, but no later than the close of business on the third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each Form 8-K filed by the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 3.193.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6)

Reports Filed on Form 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q-3 hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to the T▇▇▇▇▇▇▇▇ XS Trust Mortgage Securities Trust Pass-Through Certificates, Series 2007-1 transaction 16N transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward upon request electronically electronically, no later than Noon New York city time on the 3rd Business Day after the Reportable Event, a draft copy of the Form 8-K to the DepositorExchange Act Signing Party for review and approval. PromptlyIf the Master Servicer is the Exchange Act Signing Party, but no then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than the close of business Noon New York City time on the third 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall notify sign the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif) of this Section 3.196.20. Promptly (but no later than one Business Day) after the deadline for filing such form with the Commission, the Trustee will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Trustee of its duties under this Section 6.20(e) related to the timely preparation 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 6.20(e). The Trustee shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Trustee’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

Sources: Trust Agreement (Lehman XS Trust Series 2007-16n)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust Fund a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Luminent Mortgage Securities Trust 20072006-1 4 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence of receipt of any written changes or approval4th Business Day after the Reportable Event, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative officer of the Master Servicer shall sign each the Form 8-K filed and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.193.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Luminent 2006-4)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T Q hereto to the Depositor and the Securities Administrator and directed reviewed and approved or disapproved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 2007-1 this transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format)form, or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the DepositorDepositor for review. Promptly, but no later 221575 Sequoia 2007-2 Pooling and Servicing Agmt. than the close of business on the third 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of No later than noon New York City time on the Master Servicer 4th Business Day after the Reportable Event, the Depositor shall sign each the Form 8-K filed and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection Section 6.21(d). Promptly (d)(iibut no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 3.196.21(c) related to the timely preparation 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 6.21(c)(ii). The Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Securities Administrator’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

Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 2007-1 5 transaction shall be required to provide to the Securities Administrator and Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, ; provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor. Promptly, but no later than the close of business on the third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each Form 8-K filed by the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.19.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-5)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the DepositorManager, the Securities Administrator Indenture Trustee shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor Manager, on behalf of the Trust, shall file the initial Form 8-K in connection with the issuance of the Offered NotesBonds. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to direction of the Depositor and the Securities Administrator and directed and approved by the Depositor Manager pursuant to the following paragraph and the Securities Administrator Indenture Trustee will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T K hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Sequoia Mortgage Securities Trust 2007-1 transaction 200_-___transaction shall be required to provide to the Securities Administrator and DepositorTrustee, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format)form, or in such other form as otherwise agreed upon by the Securities Administrator Indenture Trustee and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and Notification, (ii) the Depositor Indenture Trustee shall forward to the Manager, the form and substance of the Form 8-K Disclosure Information, and (iii) the Manager will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Indenture Trustee in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator Indenture Trustee shall forward upon request electronically a draft copy of the Form 8-K to the DepositorServicer and Manager for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor Manager and the Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) Indenture Trustee of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence of receipt of any written changes or approval, or if 4th Business Day after the Depositor does not request a copy of a Form 8-KReportable Event, the Securities Administrator Manager shall be entitled cause a senior officer of the Servicer in charge of the servicing function to assume that such sign the Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorIndenture Trustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Indenture Trustee will follow the procedures set forth in subsection (d)(iid) of this Section. Promptly (but no later than 1 Business Day) after filing with the Commission, the Indenture Trustee will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Servicer and the Indenture Trustee of its duties under this Section 3.193.14(c) 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 3.14(c)(iii). Neither the Indenture Trustee nor the Servicer shall have any liability for any loss, expense, damage, 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 Indenture Trustee’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

Sources: Sale and Servicing Agreement (Sequoia Mortgage Funding Corp)

Reports Filed on Form 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q-3 hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to the T▇▇▇▇▇▇▇▇ GreenPoint Mortgage Securities Funding Trust Mortgage Pass-Through Certificates, Series 2007-1 transaction AR3 transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward upon request electronically electronically, no later than Noon New York city time on the 3rd Business Day after the Reportable Event, a draft copy of the Form 8-K to the DepositorExchange Act Signing Party for review and approval. PromptlyIf the Master Servicer is the Exchange Act Signing Party, but no then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than the close of business Noon New York City time on the third 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall notify sign the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif) of this Section 3.196.20. Promptly (but no later than one Business Day) after the deadline for filing such form with the Commission, the Trustee will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Trustee of its duties under this Section 6.20(e) related to the timely preparation 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 6.20(e). The Trustee shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Trustee’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

Sources: Trust Agreement (GreenPoint Mortgage Funding Trust 2007-Ar3)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust Fund a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T O to the Depositor and the Securities Administrator and directed and approved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than the close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ HarborView Mortgage Securities Loan Trust 20072006-1 7 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the DepositorDepositor and ▇▇▇▇▇ ▇▇▇▇▇▇ LLP. Promptly, but no later than the close of business on the third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes change to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each Form 8-K filed by the Securities Administrator. K. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.19.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Harborview 2006-7)

Reports Filed on Form 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q-3 hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to the T▇▇▇▇▇▇▇▇ XS Trust Mortgage Securities Trust Pass-Through Certificates, Series 2007-1 transaction 15N transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward upon request electronically electronically, no later than Noon New York city time on the 3rd Business Day after the Reportable Event, a draft copy of the Form 8-K to the DepositorExchange Act Signing Party for review and approval. PromptlyIf the Master Servicer is the Exchange Act Signing Party, but no then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than the close of business Noon New York City time on the third 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall notify sign the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif) of this Section 3.196.20. Promptly (but no later than one Business Day) after the deadline for filing such form with the Commission, the Trustee will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Trustee of its duties under this Section 6.20(e) related to the timely preparation 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 6.20(e). The Trustee shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Trustee’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

Sources: Trust Agreement (Lehman XS Trust Series 2007-15n)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered Notes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T O hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ HomeBanc Mortgage Securities Trust 20072006-1 2 Mortgage Backed Notes transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a duly authorized officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.198.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 8.04(c) 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 8.04(c). Neither the Securities Administrator nor the Master Servicer shall have any 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 Securities Administrator’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

Sources: Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2006-2)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T J hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ HomeBanc Mortgage Securities Trust 2007-1 Mortgage Pass-Through Certificates transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a duly authorized officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.198.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 8.04(c) 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 8.04(c). Neither the Securities Administrator nor the Master Servicer shall have any 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 Securities Administrator’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

Sources: Pooling and Servicing Agreement (HomeBanc 2007-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q-3 hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to the T▇▇▇L▇▇▇▇▇ XS Trust Mortgage Securities Trust 2007Pass-1 Through Certificates, Series 2006-12N transaction shall be required to provide to the Securities Administrator and DepositorTrustee, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward upon request electronically electronically, no later than Noon New York city time on the 3rd Business Day after the Reportable Event, a draft copy of the Form 8-K to the DepositorExchange Act Signing Party for review and approval. PromptlyIf the Master Servicer is the Exchange Act Signing Party, but no then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than the close of business Noon New York City time on the third 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall notify sign the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif) of this Section 3.196.20. Promptly (but no later than one Business Day) after filing with the Commission, the Trustee will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Trustee of its duties under this Section 6.20(e) related to the timely preparation 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 6.20(e). The Trustee shall have no liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Trustee’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

Sources: Trust Agreement (Lehman XS Trust Series 2006-12n)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered Notes. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 2007-1 [ ] transaction shall be required to provide to the Securities Administrator and Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the Depositor. Promptly, but no later than the close of business on the third Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each Form 8-K filed by the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(ii) of this Section 3.193.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)

Reports Filed on Form 8-K. (i) Within During any year in which the Trust Fund is subject to Exchange Act reports, within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”)) or such later date as may be required by the Commission, and if requested by the Depositor, the Securities Administrator Trustee shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, ; provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph paragraphs and the Securities Administrator Trustee will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q-3 hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close of business (Noon New York City time) time on the 2nd Business Day after the occurrence of a Reportable Event (iA) the certain parties to the T▇▇▇▇▇▇▇▇ GreenPoint Mortgage Securities Funding Trust Mortgage Pass-Through Certificates, Series 2007-1 transaction AR2 transaction, as identified in Exhibit Q-3, shall be required to provide to the Securities Administrator and DepositorTrustee, to the extent known by a responsible officer Responsible Officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator Trustee and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together and include with such Form 8-K Disclosure Information, an Additional Disclosure Notification in the form attached hereto as Exhibit Q-4, (B) the Trustee shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiC) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Trustee has no duty under this Agreement to monitor or enforce the performance by the parties listed on Exhibit Q-3 of their duties under this paragraph or proactively solicit or procure from such parties any Form 8-K Disclosure Information. The Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator Trustee in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator Trustee shall forward upon request electronically electronically, no later than Noon New York city time on the 3rd Business Day after the Reportable Event, a draft copy of the Form 8-K to the DepositorExchange Act Signing Party for review and approval. PromptlyIf the Master Servicer is the Exchange Act Signing Party, but no then the Form 8-K shall also be electronically distributed to the Depositor for review and approval. No later than the close of business Noon New York City time on the third 4th Business Day after the Reportable Event, a senior officer of the Depositor Exchange Act Signing Party shall notify sign the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities AdministratorTrustee. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator Trustee will follow the procedures set forth in subsection (d)(iif) of this Section 3.196.20. Promptly (but no later than one Business Day) after the deadline for filing such form with the Commission, the Trustee will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Trustee of its duties under this Section 6.20(e) related to the timely preparation 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 6.20(e). The Trustee shall have no liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Trustee’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

Sources: Trust Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T Q hereto to the Depositor and the Securities Administrator and directed reviewed and approved or disapproved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 2007-1 this transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format)form, or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the DepositorDepositor for review. Promptly, but no later than the close of business on the third 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of No later than noon New York City time on the Master Servicer 4th Business Day after the Reportable Event, the Depositor shall sign each the Form 8-K filed and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection Section 6.21(d). Promptly (d)(iibut no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 3.196.21(c) related to the timely preparation 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 6.21(c)(ii). The Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Securities Administrator’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

Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2006-1)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Trust Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Trust Administrator will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Sequoia Mortgage Securities Trust 2007-1 transaction 200-___transaction shall be required to provide to the Securities Administrator and DepositorTrust Administrator, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format)form, or in such other form as otherwise agreed upon by the Securities Trust Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, (ii) the Trust Administrator shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiiii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Trust Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Trust Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Trust Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a senior officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Trust Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Trust Administrator will follow the procedures set forth in subsection (d)(iid) of this Section. Promptly (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 3.196.21(c) 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 6.21(c)(iii). Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, 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 Trust Administrator’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

Sources: Pooling and Servicing Agreement (Sequoia Mortgage Funding Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Trust Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Trust Administrator will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Sequoia Alternative Loan Trust 20072006-1 transaction shall be required to provide to the Securities Administrator and DepositorTrust Administrator, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format)form, or in such other form as otherwise agreed upon by the Securities Trust Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, (ii) the Trust Administrator shall forward to the Depositor, the form and substance of the Form 8-K Disclosure Information, and (iiiii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Trust Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Trust Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Trust Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th 174197 Sequoia Alternative Loan Trust 2006-1 Pooling and Servicing Agmt. Business Day after the Reportable Event, a senior officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Trust Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Trust Administrator will follow the procedures set forth in subsection (d)(iid) of this Section. Promptly (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 3.196.21(c) 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 6.21(c)(iii). Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, 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 Trust Administrator’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

Sources: Pooling and Servicing Agreement (Sequoia Residential Funding Inc)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust Fund a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Luminent Mortgage Securities Trust 20072006-1 2 transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification Notification, and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Sponsor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a senior officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.193.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-2)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer Trust a Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in Form 8-K (“Form 8-K Disclosure Information”) shall be reported determined and prepared by and at the parties set forth on Exhibit T to the Depositor and the Securities Administrator and directed and approved by direction of the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphs. (ii) As set forth on Exhibit T J hereto, for so long as the Issuer Trust is subject to the Exchange Act reporting requirements, no later than close of business (New York City time) noon on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ HomeBanc Mortgage Securities Trust 20072006-1 Mortgage Pass-Through Certificates transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format), or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a draft copy of the Form 8-K to the DepositorMaster Servicer and Depositor for review. Promptly, but no No later than the close of business on the third Business Day after prior to the Reportable Eventdate specified in the next sentence, the Depositor and the Master Servicer shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In No later than Noon New York City time on the absence 4th Business Day after the Reportable Event, a duly authorized officer of receipt the Master Servicer in charge of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, master servicing function shall sign the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing return an electronic or fax copy of the Form 8-K. A duly authorized representative of the Master Servicer shall sign each such signed Form 8-K filed (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection (d)(iid) of this Section 3.198.04. Promptly (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 8.04(c) 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 8.04(c). Neither the Securities Administrator nor the Master Servicer shall have any 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 Securities Administrator’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

Sources: Pooling and Servicing Agreement (Homebanc Corp)

Reports Filed on Form 8-K. (i) Within four (4) Business Days after the occurrence of an event requiring disclosure on Form 8-K (each such event, a “Reportable Event”), and if requested by the Depositor, the Securities Administrator shall prepare and file on behalf of the Issuer a Trust Fund any Form 8-K, as required by the Exchange Act, provided that the Depositor shall file the initial Form 8-K in connection with the issuance of the Offered NotesCertificates. Any disclosure or information related to a Reportable Event or that is otherwise required to be included in on Form 8-K (“Form 8-K Disclosure Information”) shall be reported by the parties set forth on Exhibit T Q hereto to the Depositor and the Securities Administrator and directed reviewed and approved or disapproved by the Depositor pursuant to the following paragraph and the Securities Administrator will 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 the next two paragraphsparagraph. (ii) As set forth on Exhibit T Q hereto, for so long as the Issuer Trust Fund is subject to the Exchange Act reporting requirements, no later than close the end of business (New York City time) on the 2nd Business Day after the occurrence of a Reportable Event (i) the parties to the T▇▇▇▇▇▇▇▇ Mortgage Securities Trust 2007-1 this transaction shall be required to provide to the Securities Administrator and the Depositor, to the extent known by a responsible officer thereof, a notice in the form of Exhibit L attached hereto, along with, in E▇▇▇▇-compatible form (which may be Word or Excel documents easily convertible to E▇▇▇▇ format)form, or in such other form as otherwise agreed upon by the Securities Administrator and such party, the form and substance of any Form 8-K Disclosure Information, if applicable, together with an Additional Disclosure Notification and (ii) the Depositor will approve, as to form and substance, or disapprove, as the case may be, the inclusion of the Form 8-K Disclosure Information. The Initial Seller Depositor will be responsible for any reasonable fees and expenses assessed or incurred by the Securities Administrator in connection with including any Form 8-K Disclosure Information in on Form 8-K pursuant to this paragraph, provided that if the Additional Form 8-K Disclosure Information relates solely to the Depositor, such fees and expenses shall be paid by the Depositor. (iii) After preparing the Form 8-K, the Securities Administrator shall forward upon request electronically a copy of the Form 8-K to the DepositorDepositor for review. Promptly, but no later than the close of business on the third 3rd Business Day after the Reportable Event, the Depositor shall notify the Securities Administrator in writing (which may be furnished electronically) of any changes to or approval of such Form 8-K. In the absence of receipt of any written changes or approval, or if the Depositor does not request a copy of a Form 8-K, the Securities Administrator shall be entitled to assume that such Form 8-K is in final form and the Securities Administrator may proceed with the execution and filing of the Form 8-K. A duly authorized representative of No later than noon New York City time on the Master Servicer 4th Business Day after the Reportable Event, the Depositor shall sign each the Form 8-K filed and return an electronic or fax copy of such signed Form 8-K (with an original executed hard copy to follow by overnight mail) to the Securities Administrator. If a Form 8-K cannot be filed on time or if a previously filed Form 8-K needs to be amended, the Securities Administrator will follow the procedures set forth in subsection Section 6.21(d). Promptly (d)(iibut no later than 1 Business Day) after filing with the Commission, the Securities Administrator will make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this 213965 Sequoia 2007-1 Pooling and Servicing Agmt. Agreement acknowledge that the performance by the Securities Administrator of its duties under this Section 3.196.21(c) related to the timely preparation 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 6.21(c)(ii). The Securities Administrator shall not have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 8-K, where such failure results from the Securities Administrator’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

Sources: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-1)