Trustee Reports. (a) Based solely on (and to the extent of the information contained in) the Master Servicer Remittance Report provided to the Trustee by the Master Servicer (no later than the Report Date), on each Distribution Date, the Trustee shall be required to provide or make available either electronically or by first class mail (or such other medium as the Depositor shall reasonably request, the incremental cost of which shall be paid in advance by the recipient thereof), to each Certificateholder, the Trustee, the Rating Agencies, the Master Servicer, the Special Servicer, the Primary Servicers, each Placement Agent, each Underwriter, the Depositor and anyone the Depositor, the Placement Agent or any Underwriter reasonably designates (i) a Monthly Certificateholders Report (substantially in the form of Exhibit M) and (ii) a report containing information regarding the Mortgage Loans as of the end of the related Collection Period, which report shall contain substantially the categories of information regarding the Mortgage Loans set forth in Appendix I to the Prospectus Supplement and shall be presented in tabular format substantially similar to the format utilized in such Appendix I. The Trustee shall be entitled to conclusively rely on any such information provided to it by the Master Servicer or the Special Servicer and shall have no obligation to verify any such information and the Trustee may disclaim responsibility for any information distributed by the Trustee for which it is not the original source. Upon written request, the Trustee shall send the reports described in the preceding paragraph to any Certificate Owner or Certificateholder by first class mail at no cost to such Certificate Owner or Certificateholder. In addition, the Trustee shall make the reports described in the preceding paragraph available through its website, initially located at ▇▇▇.▇▇▇▇▇▇.▇▇▇ (the "Trustee's Website"), electronic bulletin board and its ASAP System (via facsimile). The Trustee's electronic bulletin board may be initially accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇, and its ASAP System may be initially accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇ and requesting statement number 430. For assistance with the above-mentioned Trustee services, Certificateholders or any party hereto may initially call (▇▇▇) ▇▇▇-▇▇▇▇. In addition, the Trustee will also make Mortgage Loan information as presented in the "CMSA f/k/a/ CSSA" standard file formats, the "CMSA f/k/a CSSA," loan setup file format, the "CMSA f/k/a/ CSSA" loan periodic update file format, the Special Servicer Monthly Reports (including a Watch Report) and the Annual Report available each month to any Certificateholder, any Certificate Owner, the Rating Agencies or any other interested party via the Trustee's Website or other electronic means. The Trustee shall not be deemed to have made any representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. In addition, the Trustee may disclaim responsibility for any information distributed by it of which information the Trustee is not the original source. In connection with providing access to the Trustee's Website or electronic bulletin board, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement; provided that this sentence shall not in any way limit the liability the Trustee may otherwise have in performance of its duties hereunder. (b) Subject to Section 8.15, upon advance written request, if required by federal regulation, of any Certificateholder that is a savings association, bank, or insurance company, the Trustee shall provide (to the extent in its possession) to each such Certificateholder such reports and access to non-privileged information and documentation regarding the Mortgage Loans and the Certificates as such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or successor or other regulatory authorities with respect to investment in the Certificates; provided that the Trustee shall be entitled to be reimbursed by such Certificateholder for the Trustee's actual expenses incurred in providing such reports and access. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall send to each Person who at any time during the calendar year was a Certificateholder of record, a report summarizing the items (in clauses (i), (ii) and (xi) of the definition of Monthly Certificateholders Report) provided to Certificateholders pursuant to this Section 5.4 on an annual basis and such other customary information as the Trustee ▇▇▇▇▇ ▇▇▇ be necessary or desirable for such Holders to prepare their federal income tax returns. (d) On each Distribution Date, the Trustee shall provide to the Placement Agents, the Underwriters, the Rating Agencies, the Depositor, the Operating Adviser, the Master Servicer, the Special Servicer, the Primary Servicers, the Trustee, the Fiscal Agent, anyone the Depositor or either Placement Agent or Underwriter reasonably designates, and upon request to any Certificateholder, Certificate Owner (as identified by such Certificate Owner) or prospective Certificate Owner (as identified to the Trustee by any existing Certificateholder or Certificate Owner), a report substantially in the form of Exhibit Q (which shall be made available electronically as the Trustee may determine from time to time) with the information contained therein updated to the date of such report. (e) The Trustee shall afford the Rating Agencies, the Depositor, the Master Servicer, the Special Servicer, the Primary Servicers, the Trustee, the Fiscal Agent, the Operating Adviser, any Certificateholder, prospective Certificate Owner or any Person reasonably designated by either Placement Agent, or any Underwriter upon reasonable notice and during normal business hours, reasonable access to all relevant, non-attorney privileged records and documentation regarding the applicable Mortgage Loans, REO Property and all other relevant matters relating to this Agreement, and access to Responsible Officers of the Trustee. (f) Copies (or computer diskettes or other digital or electronic formats of such information if reasonably available in lieu of paper copies) of any and all of the foregoing items of this Section 5.4 shall be made available by the Trustee upon request; provided, however, that the Trustee shall be permitted to require payment by the requesting party (other than the Depositor, the Master Servicer, the Special Servicer, the Trustee, the Fiscal Agent either Placement Agent or any Underwriter or any Rating Agency) of a sum sufficient to cover the reasonable expenses actually incurred by the Trustee of providing access or copies (including electronic or digital copies) of any such information requested in accordance with the preceding sentence.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Depositor for Ser 1999-Life1)
Trustee Reports. (a) Based solely on (and to the extent of the information contained in) the Master Servicer Remittance Report provided to the Trustee by the Master Servicer (no later than the Report Date), on each Distribution Date, the Trustee shall be required to provide or make available either electronically or by first class mail (or such other medium as the Depositor shall reasonably request, the incremental cost of which shall be paid in advance by the recipient thereof), to each Certificateholder, the TrusteeOperating Adviser, the Rating Agencies, the Master Servicer, the Special Servicer, the Primary ServicersServicer, each the Placement Agent, each Underwriter, the Depositor and anyone the Depositor, the Placement Agent or any either Underwriter reasonably designates (i) a Monthly Certificateholders Report (substantially in the form of Exhibit M) and (ii) a report containing information regarding the Mortgage Loans as of the end of the related Collection Period, which report shall contain substantially the categories of information regarding the Mortgage Loans set forth in Appendix I to the Prospectus Supplement and shall be presented in tabular format substantially similar to the format utilized in such Appendix I. I which report may be included as part of the Monthly Certificateholders Report. The Trustee shall be entitled to conclusively rely on any such information provided to it by the Master Servicer or the Special Servicer and shall have no obligation to verify any such information and the Trustee may disclaim responsibility for any information distributed by the Trustee for which it is not the original source. Upon written request, the Trustee shall send the reports described in the preceding paragraph to any Certificate Owner Owner, which has provided evidence satisfactory to the Trustee that it is a Certificate Owner, or Certificateholder by first class mail at no cost to such Certificate Owner or Certificateholder. In addition, the Trustee shall make the reports described in the preceding paragraph available through its website, initially located at ▇▇▇.▇▇▇▇▇▇.▇▇▇ (the "Trustee's Website"), ) and electronic bulletin board and its ASAP System (via facsimile)board. The Trustee's electronic bulletin board may be initially accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇, and its ASAP System may be initially accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇ and requesting statement number 430. For assistance with the above-mentioned Trustee services, Certificateholders or any party hereto may initially call (▇▇▇) ▇▇▇-▇▇▇▇. In addition, the Trustee will also make Mortgage Loan information as presented in the "following CMSA f/k/a/ CSSA" standard file formatsReports: the Loan Setup File, the "CMSA f/k/a CSSA," loan setup file formatLoan Periodic Update File, the "Property File, the Comparative Financial Status Report, the Operating Statement Analysis Report and the other CMSA f/k/a/ CSSA" loan periodic update file format, Reports set forth in Section 8.11(g) and the Special Servicer Monthly Reports (including a the Servicer Watch ReportList) and the Annual Report available each month to any Certificateholder, any Certificate Owner, the Rating Agencies or any other interested party via the Trustee's Website or other electronic means. The Trustee shall not be deemed to have made any representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. In addition, the Trustee may disclaim responsibility for any information distributed by it of which information the Trustee is not the original source. In connection with providing access to the Trustee's Website or electronic bulletin board, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement; provided that this sentence shall not in any way limit the liability the Trustee may otherwise have in performance of its duties hereunder.
(b) Subject to Section 8.15, upon advance written request, if required by federal regulation, of any Certificateholder that is a savings association, bank, or insurance company, the Trustee shall provide (to the extent in its possession) to each such Certificateholder such reports and access to non-privileged information and documentation regarding the Mortgage Loans and the Certificates as such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or successor or other regulatory authorities with respect to investment in the Certificates; provided that the Trustee shall be entitled to be reimbursed by such Certificateholder for the Trustee's actual expenses incurred in providing such reports and access.
(c) Within a reasonable period of time after the end of each calendar yearUpon written request, the Trustee shall send to each Person who at any time during the calendar year was a Certificateholder of record, a report summarizing the items (in clauses (i), (ii) and (xi) of the definition of Monthly Certificateholders Report) provided to Certificateholders pursuant to this Section 5.4 on an annual basis and such other customary information as the Trustee ▇▇▇▇▇ ▇▇▇ be necessary or desirable for such Holders to prepare their federal income tax returns.
(d) On each Distribution Date, the Trustee shall provide to the Placement AgentsAgent, the Underwriterseach Underwriter, the Rating Agencies, the Depositor, the Operating Adviser, the Master Servicer, the Special Servicer, the Primary Servicers, the TrusteeServicer, the Fiscal Agent, anyone the Depositor or either the Placement Agent or either Underwriter reasonably designates, and upon request to any Certificateholder, Certificate Owner (as identified by such Certificate Owner) or prospective Certificate Owner (as identified to the Trustee by any existing Certificateholder or Certificate Owner), a report substantially in the form of Exhibit Q (which shall be made available electronically as the Trustee may determine from time to time) with the information contained therein updated to the date of such report. Any transmittal of reports, records, documentation or other matters by the Trustee to any Person other than the Master Servicer, the Special Servicer, the Rating Agencies, the Operating Adviser or the Depositor may be accompanied by a letter from the Trustee containing the following provision: "By receiving the information set forth herein, you hereby acknowledge and agree that the United States securities laws restrict any person who possesses material, non-public information regarding the Trust which issued ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2000-PRIN from purchasing or selling such Certificates in circumstances where the other party to the transaction is not also in possession of such information. You also acknowledge and agree that such information is being provided to you for the purpose of, and such information may be used only in connection with, evaluation by you or another Certificateholder, Certificate Owner or prospective purchaser of such Certificates or beneficial interest therein."
(e) The Trustee shall afford the Rating Agencies, the Depositor, the Master Servicer, the Special Servicer, the Primary Servicers, the TrusteeServicer, the Fiscal Agent, the Operating Adviser, any Certificateholder, prospective Certificate Owner or any Person reasonably designated by either the Placement Agent, or any either Underwriter upon reasonable notice and during normal business hours, reasonable access to all relevant, non-attorney privileged records and documentation regarding the applicable Mortgage Loans, REO Property and all other relevant matters relating to this Agreement, and access to Responsible Officers of the Trustee. Any transmittal of reports, records, documentation or other matters by the Trustee to any Person other than the Master Servicer, the Special Servicer, the Rating Agencies, the Operating Adviser or the Depositor may be accompanied by a letter from the Trustee containing the following provision: "By receiving the information set forth herein, you hereby acknowledge and agree that the United States securities laws restrict any person who possesses material, non-public information regarding the Trust which issued ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2000-PRIN from purchasing or selling such Certificates in circumstances where the other party to the transaction is not also in possession of such information. You also acknowledge and agree that such information is being provided to you for the purpose of, and such information may be used only in connection with, evaluation by you or another Certificateholder, Certificate Owner or prospective purchaser of such Certificates or beneficial interest therein."
(f) Copies (or computer diskettes or other digital or electronic formats of such information if reasonably available in lieu of paper copies) of any and all of the foregoing items of this Section 5.4 shall be made available by the Trustee upon request; provided, however, that the Trustee shall be permitted to require payment by the requesting party (other than the Depositor, the Master Servicer, the Special Servicer, the TrusteeFiscal Agent, the Fiscal Agent either Operating Adviser, the Placement Agent or any either Underwriter or any Rating Agency) of a sum sufficient to cover the reasonable expenses actually incurred by the Trustee of providing access or copies (including electronic or digital copies) of any such information requested in accordance with the preceding sentence.
(g) The Trustee shall make available at its Corporate Trust Office (either in physical or electronic form), during normal business hours, upon reasonable advance written notice for review by any Certificateholder, any Certificate Owner, any Prospective Investor, each Underwriter, each Rating Agency, the Special Servicer and the Depositor, originals or copies of, among other things, the following items: (i) the most recent property inspection reports in the possession of the Trustee in respect of each Mortgaged Property and REO Property, (ii) the most recent Mortgaged Property/REO Property annual operating statement and rent roll, if any, collected or otherwise obtained by or on behalf of the Master Servicer or the Special Servicer and delivered to the Trustee, (iii) any Phase I Environmental Report or engineering report prepared or appraisals performed in respect of each Mortgaged Property provided, however, that the Trustee shall be permitted to require payment by the requesting party (other than either Rating Agency) of a sum sufficient to cover the reasonable expenses actually incurred by the Trustee of providing access or copies (including electronic or digital copies) of any such information reasonably requested in accordance with the preceding sentence.
(h) On or within two Business Days following each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Publisher and each Underwriter, using the format and media mutually agreed upon by the Trustee, the Financial Market Publisher and each Underwriter, the following information regarding each Mortgage Loan and any other information reasonably requested by either Underwriter and available to the Placement Agent:
(i) the Loan Periodic Update File (in the form attached hereto as Exhibit W); and
(ii) the Monthly Certificateholders Report.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital 1 Inc Series 2000-Prin)
Trustee Reports. (a) Based solely on (and to the extent of the information contained in) the Master Servicer Remittance Report provided to the Trustee by the Master Servicer (no later than the Report Date), on each Distribution Date, the Trustee shall be required to provide or make available either electronically or by first class mail (or such other medium as the Depositor shall reasonably request, the incremental cost of which shall be paid in advance by the recipient thereof), to each Certificateholder, the TrusteeOperating Adviser, the Rating Agencies, the Master Servicer, the Special Servicer, the Primary Servicers, each Placement Agent, each Underwriter, the Depositor and anyone the Depositor, the any Placement Agent or any Underwriter reasonably designates (i) a Monthly Certificateholders Report (substantially in the form of Exhibit M) and (ii) a report containing information regarding the Mortgage Loans as of the end of the related Collection Period, which report shall contain substantially the categories of information regarding the Mortgage Loans set forth in Appendix I to the Prospectus Supplement and shall be presented in tabular format substantially similar to the format utilized in such Appendix I. I which report may be included as part of the Monthly Certificateholders Report. The Trustee shall be entitled to conclusively rely on any such information provided to it by the Master Servicer or the Special Servicer and shall have no obligation to verify any such information and the Trustee may disclaim responsibility for any information distributed by the Trustee for which it is not the original source. Upon written request, the Trustee shall send the reports described in the preceding paragraph to any Certificate Owner or Certificateholder by first class mail at no cost to such Certificate Owner or Certificateholder. In addition, the Trustee shall make the reports described in the preceding paragraph available through its website, initially located at ▇▇▇.▇▇▇▇▇▇.▇▇▇ (the "Trustee's Website"), electronic bulletin board and its ASAP System (via facsimile). The Trustee's electronic bulletin board may be initially accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇, and its ASAP System may be initially accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇ and requesting statement number 430. For assistance with the above-mentioned Trustee services, Certificateholders or any party hereto may initially call (▇▇▇) ▇▇▇-▇▇▇▇. In addition, the Trustee will also make Mortgage Loan information as presented in the "CMSA f/k/a/ CSSA" standard file formats, the "CMSA f/k/a CSSA," loan setup file format, the "CMSA f/k/a/ CSSA" loan periodic update file format, the Special Servicer Monthly Reports (including a Watch Report) and the Annual Report available each month to any Certificateholder, any Certificate Owner, the Rating Agencies or any other interested party via the Trustee's Website or other electronic means. The Trustee shall not be deemed to have made any representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. In addition, the Trustee may disclaim responsibility for any information distributed by it of which information the Trustee is not the original source. In connection with providing access to the Trustee's Website or electronic bulletin board, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement; provided that this sentence shall not in any way limit the liability the Trustee may otherwise have in performance of its duties hereunder.
(b) Subject to Section 8.15, upon advance written request, if required by federal regulation, of any Certificateholder that is a savings association, bank, or insurance company, the Trustee shall provide (to the extent in its possession) to each such Certificateholder such reports and access to non-privileged information and documentation regarding the Mortgage Loans and the Certificates as such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or successor or other regulatory authorities with respect to investment in the Certificates; provided that the Trustee shall be entitled to be reimbursed by such Certificateholder for the Trustee's actual expenses incurred in providing such reports and access.
(c) Within a reasonable period of time after the end of each calendar year, the Trustee shall send to each Person who at any time during the calendar year was a Certificateholder of record, a report summarizing the items (in clauses (i), (ii) and (xi) of the definition of Monthly Certificateholders Report) provided to Certificateholders pursuant to this Section 5.4 on an annual basis and such other customary information as the Trustee ▇▇▇▇▇ ▇▇▇ be necessary or desirable for such Holders to prepare their federal income tax returns.
(d) On each Distribution Date, the Trustee shall provide to the Placement Agents, the Underwriters, the Rating Agencies, the Depositor, the Operating Adviser, the Master Servicer, the Special Servicer, the Primary Servicers, the Trustee, the Fiscal Agent, anyone the Depositor or either Placement Agent or Underwriter reasonably designates, and upon request to any Certificateholder, Certificate Owner (as identified by such Certificate Owner) or prospective Certificate Owner (as identified to the Trustee by any existing Certificateholder or Certificate Owner), a report substantially in the form of Exhibit Q (which shall be made available electronically as the Trustee may determine from time to time) with the information contained therein updated to the date of such report.
(e) The Trustee shall afford the Rating Agencies, the Depositor, the Master Servicer, the Special Servicer, the Primary Servicers, the Trustee, the Fiscal Agent, the Operating Adviser, any Certificateholder, prospective Certificate Owner or any Person reasonably designated by either Placement Agent, or any Underwriter upon reasonable notice and during normal business hours, reasonable access to all relevant, non-attorney privileged records and documentation regarding the applicable Mortgage Loans, REO Property and all other relevant matters relating to this Agreement, and access to Responsible Officers of the Trustee.
(f) Copies (or computer diskettes or other digital or electronic formats of such information if reasonably available in lieu of paper copies) of any and all of the foregoing items of this Section 5.4 shall be made available by the Trustee upon request; provided, however, that the Trustee shall be permitted to require payment by the requesting party (other than the Depositor, the Master Servicer, the Special Servicer, the Trustee, the Fiscal Agent either Placement Agent or any Underwriter or any Rating Agency) of a sum sufficient to cover the reasonable expenses actually incurred by the Trustee of providing access or copies (including electronic or digital copies) of any such information requested in accordance with the preceding sentence.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)