Common use of 01(a) Clause in Contracts

01(a). Section 6.01(a)(i) of the Pooling and Servicing Agreement shall be deemed modified to read “The Primary Servicer is a national banking association, duly organized, validly existing and in good standing under the laws of the United States of America, and the Primary Servicer is in compliance with the laws of each State in which any Mortgaged Property is located to the extent necessary to perform its obligations under this Agreement.” The Primary Servicer hereby represents and warrants, as of the date hereof, that (i) each insurance policy and fidelity bond referenced in Section 3.07(c) of the Pooling and Servicing Agreement names the Master Servicer as a loss payee; and (ii) the Primary Servicer is authorized to transact business in the state or states in which the Mortgaged Properties for the Mortgage Loans are situated, if and to the extent required by applicable law to the extent necessary to ensure the enforceability of the Mortgage Loans or compliance with its obligations under this Agreement and the Master Servicer’s obligations under the Pooling and Servicing Agreement.

Appears in 2 contracts

Samples: Primary Servicing Agreement (UBS Commercial Mortgage Trust 2018-C14), Primary Servicing Agreement (BBCMS Mortgage Trust 2018-C2)

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01(a). Section 6.01(a)(i) of the Pooling and Servicing Agreement shall be deemed modified to read “The Primary Servicer is a national banking association, duly organized, validly existing and in good standing under the laws of the United States of America, and the Primary Servicer is in compliance with the laws of each State in which any Mortgaged Property is located to the extent necessary to perform its obligations under this Agreement.” The Primary Servicer hereby represents and warrants, as of the date hereof, that (i) each insurance policy and fidelity bond referenced in Section 3.07(c) of the Pooling and Servicing Agreement names the Master Servicer as a loss payee; and (ii) the Primary Servicer is authorized to transact business in the state or states in which the Mortgaged Properties for the Mortgage Loans are situated, if and to the extent required by applicable law to the extent necessary to ensure the enforceability of the Mortgage Loans or compliance with its obligations under this Agreement and the Master Servicer’s obligations under the Pooling and Servicing Agreement; and (iii) the Primary Servicer is not, to its actual knowledge, a Risk Retention Affiliate of the Successor Third Party Purchaser.

Appears in 2 contracts

Samples: Primary Servicing Agreement (UBS Commercial Mortgage Trust 2018-C11), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2018-H3)

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01(a). Section 6.01(a)(i) of the Pooling and Servicing Agreement shall be deemed modified to read “The Primary Servicer is a national banking associationDelaware limited liability company, duly organized, validly existing and in good standing under the laws of the United States State of AmericaDelaware, and the Primary Servicer is in compliance with the laws of each State in which any Mortgaged Property is located to the extent necessary to perform its obligations under this Agreement.” The Primary Servicer hereby represents and warrants, as of the date hereof, that (i) each insurance policy and fidelity bond referenced in Section 3.07(c) of the Pooling and Servicing Agreement names the Master Servicer as a loss payee; and (ii) the Primary Servicer is authorized to transact business in the state or states in which the Mortgaged Properties for the Mortgage Loans are situated, if and to the extent required by applicable law to the extent necessary to ensure the enforceability of the Mortgage Loans or compliance with its obligations under this Agreement and the Master Servicer’s obligations under the Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Primary Servicing Agreement (BBCMS Mortgage Trust 2021-C11)

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