Common use of Additional Representations and Warranties of the Special Servicer Clause in Contracts

Additional Representations and Warranties of the Special Servicer. Except as disclosed in writing to the Seller, the Master Servicer, the Depositor and the Trustee prior to the Closing Date: (i) the Special Servicer is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Special Servicer; (ii) the Special Servicer has not been terminated as special servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Special Servicer as special servicer has been disclosed or reported by the Special Servicer; (iv) no material changes to the Special Servicer’s policies or procedures with respect to the servicing function it will perform under this Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the Closing Date; (v) there are no aspects of the Special Servicer’s financial condition that could have a material adverse effect on the performance by the Special Servicer of its servicing obligations under this Agreement and (vi) there are no affiliations, relationships or transactions relating to the Special Servicer or any Subservicer with any party listed on Exhibit K hereto.