AS SOON
AS AVAILABLE, BUT IN ANY EVENT NOT LATER THAN SIXTY (60) DAYS AFTER THE END OF
EACH FISCAL QUARTER OF SELLER, A REPORT DETAILING PROJECTIONS OF SELLER WITH
RESPECT TO SUCH MORTGAGE ASSET FOR THE FOLLOWING SIX (6) MONTH PERIOD, WHICH
SHALL INCLUDE, IN ANY EVENT, A DESCRIPTION OF SELLER'S INTERNAL RISK RATING,
TENANT RATINGS, TENANT KMV RATINGS (IF APPLICABLE) AND/OR SURVEILLANCE OF SUCH
MORTGAGE ASSET;
(V)
WITH RESPECT TO EACH MORTGAGE ASSET TO THE EXTENT RECEIVED BY ANY
SELLER FROM THE OBLIGOR UNDER ANY MORTGAGE ASSET, AS SOON AS AVAILABLE, BUT IN
ANY EVENT NOT LATER THAN THIRTY (30) DAYS AFTER RECEIPT THEREOF, THE ANNUAL
BALANCE SHEET WITH RESPECT TO SUCH OBLIGOR;
60
(VI)
WITH RESPECT TO EACH MORTGAGE ASSET THAT IS CMBS, RMBS OR A JUNIOR
INTEREST OR WHICH IS A NON-CONTROLLING INTEREST OR PASS-THROUGH INTEREST IN ANY
OF THE FOREGOING, AS SOON AS AVAILABLE BUT IN ANY EVENT NOT LATER THAN THIRTY
(30) DAYS AFTER RECEIPT THEREOF, (I) THE RELATED MONTHLY SECURITIZATION REPORT,
IF ANY, AND (II) WITHIN THIRTY (30) DAYS AFTER THE END OF EACH MONTH, A COPY OF
THE STANDARD MONTHLY EXCEPTION REPORT, PREPARED BY SELLER IN THE ORDINARY COURSE
OF ITS BUSINESS IN RESPECT OF THE RELATED MORTGAGE ASSET OR UNDERLYING MORTGAGED
PROPERTY;
(VII)
FROM TIME TO TIME SUCH OTHER INFORMATION REGARDING THE FINANCIAL
CONDITION, OPERATIONS, OR BUSINESS OF SELLER AS THE AGENT MAY REASONABLY
REQUEST; AND
(VIII)
AS SOON AS REASONABLY POSSIBLE, AND IN ANY EVENT WITHIN THIRTY
(30) DAYS AFTER A RESPONSIBLE OFFICER OF SELLER KNOWS, OR WITH RESPECT TO ANY
PLAN TO WHICH SELLER OR ANY SUBSIDIARY THEREOF MAKES DIRECT CONTRIBUTIONS, HAS
REASON TO BELIEVE, THAT ANY OF THE EVENTS OR CONDITIONS SPECIFIED BELOW WITH
RESPECT TO ANY PLAN HAS OCCURRED OR EXISTS, A STATEMENT SIGNED BY A SENIOR
FINANCIAL OFFICER OF SELLER SETTING FORTH DETAILS RESPECTING SUCH EVENT OR
CONDITION AND THE ACTION, IF ANY, THAT SELLER OR ITS ERISA AFFILIATE PROPOSES TO
TAKE WITH RESPECT THERETO (AND A COPY OF ANY REPORT OR NOTICE REQUIRED TO BE
FILED WITH OR GIVEN TO PBGC BY SELLER OR AN ERISA AFFILIATE WITH RESPECT TO SUCH
EVENT OR CONDITION):
(A)
ANY REPORTABLE EVENT, OR AND ANY REQUEST FOR A WAIVER UNDER
SECTION 412(D) OF THE CODE OR ANY SUCCESSOR PROVISION THEREOF FOR ANY PLAN;
(B)
THE DISTRIBUTION UNDER SECTION 4041(C) OF ERISA OR ANY SUCCESSOR
PROVISION THEREOF OF A NOTICE OF INTENT TO TERMINATE ANY PLAN OR ANY ACTION
TAKEN BY SELLER OR AN ERISA AFFILIATE TO TERMINATE ANY PLAN;
(C)
THE INSTITUTION BY PBGC OF PROCEEDINGS UNDER SECTION 4042 OF ERISA
OR ANY SUCCESSOR PROVISION THEREOF FOR THE TERMINATION OF, OR THE APPOINTMENT OF
A TRUSTEE TO ADMINISTER, ANY PLAN; AND
(D)
THE ADOPTION OF AN AMENDMENT TO ANY PLAN THAT WOULD RESULT IN THE
LOSS OF TAX EXEMPT STATUS OF THE TRUST OF WHICH SUCH PLAN IS A PART IF SELLER OR
AN ERISA AFFILIATE FAILS TO PROVIDE TIMELY SECURITY TO SUCH PLAN IN ACCORDANCE
WITH THE