Common use of Additional Terminations Clause in Contracts

Additional Terminations. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any Mortgage Loan if and when (i) such Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan (provided that this Agreement shall resume as to such Mortgage Loan if and when such Mortgage Loan becomes a Rehabilitated Mortgage Loan) or (ii) such Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust (which sale or disposition shall not include the transformation of a Loan into a Defeasance Loan). In the event of such termination, the Primary Servicer shall comply with Section 6.5 as if a Primary Servicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan and references therein to Primary Servicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan and shall forward to the Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Master Servicer with respect thereto. The Primary Servicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan (to which the Primary Servicer is otherwise entitled hereunder) accrued through the date of termination of its obligations and rights with respect to such Mortgage Loan under this Agreement. If a Mortgage Loan subsequently becomes a Rehabilitated Mortgage Loan, then the Primary Servicer shall promptly resume the servicing of such Mortgage Loan in accordance with the terms hereof.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Top20), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq7), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Top18)

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Additional Terminations. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any Mortgage Loan if and when (i) such Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan (provided that this Agreement shall resume as to such Mortgage Loan if and when such Mortgage Loan becomes a Rehabilitated Mortgage Loan) or (ii) such Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust (which sale or disposition shall not include the transformation of a Loan into a Defeasance Loan). In the event of such termination, the Primary Servicer shall comply with Section 6.5 as if a Primary Servicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan and references therein to Primary Servicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan and shall forward to the Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Master Servicer with respect thereto. The Primary Servicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan (to which the Primary Servicer is otherwise entitled hereunder) accrued through the date of termination of its obligations and end rights with respect to such Mortgage Loan under this Agreement. If a Mortgage Loan subsequently becomes a Rehabilitated Mortgage Loan, then the Primary Servicer shall promptly resume the servicing of such Mortgage Loan in accordance with the terms hereof.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq6), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq6)

Additional Terminations. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any Mortgage Loan if and when (i) such Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan (provided that this Agreement shall resume as to such Mortgage Loan if and when such Mortgage Loan becomes a Rehabilitated Mortgage Loan) or ), (ii) such Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust or (which sale or disposition shall not include the transformation of a iii) such Mortgage Loan into a Defeasance Loan)is defeased. In the event of such termination, the Primary Servicer Subservicer shall comply with Section 6.5 as if a Primary Servicer Subservicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan and references therein to Primary Servicing Subservicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer Subservicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan and shall forward to the Capmark Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Capmark Master Servicer with respect thereto. The Primary Servicer Subservicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan (to which the Primary Servicer Subservicer is otherwise entitled hereunder) accrued through the date of termination of its obligations and rights with respect to such Mortgage Loan under this Agreement, except that the Capmark Master Servicer shall be entitled to any and all fees actually collected in connection with the defeasance of any Mortgage Loan. If a Mortgage Loan subsequently becomes a Rehabilitated Mortgage Loan, then the Primary Servicer Subservicer shall promptly resume the servicing of such Mortgage Loan in accordance with the terms hereof.

Appears in 2 contracts

Samples: Sub Servicing Agreement (Morgan Stanley Capital I Trust 2007-Iq16), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2007-Iq15)

Additional Terminations. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any Mortgage Loan if and when (i) such Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan (provided that this Agreement shall resume as to such Mortgage Loan if and when such Mortgage Loan becomes a Rehabilitated Mortgage Loan) or ), (ii) such Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust or (which sale or disposition shall not include the transformation of a iii) such Mortgage Loan into a Defeasance Loan)is defeased. In the event of such termination, the Primary Servicer shall comply with Section 6.5 as if a Primary Servicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan and references therein to Primary Servicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan and shall forward to the Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Master Servicer with respect thereto. The Primary Servicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan (to which the Primary Servicer is otherwise entitled hereunder) accrued through the date of termination of its obligations and rights with respect to such Mortgage Loan under this Agreement, except that the Master Servicer shall be entitled to any and all fees actually collected in connection with the defeasance of any Mortgage Loan. If a Mortgage Loan subsequently becomes a Rehabilitated Mortgage Loan, then the Primary Servicer shall promptly resume the servicing of such Mortgage Loan in accordance with the terms hereof.

Appears in 1 contract

Samples: Morgan Stanley Capital I Trust 2007-Iq13

Additional Terminations. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any Mortgage Loan if and when (i) such Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan (provided that this Agreement shall resume as to such Mortgage Loan if and when such Mortgage Loan becomes a Rehabilitated Mortgage Loan) ), or (ii) such Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust (which sale or disposition shall not include the transformation of a Loan into a Defeasance Loan)Trust. In the event of such termination, the Primary Servicer Subservicer shall comply with Section 6.5 as if a Primary Servicer Subservicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan and references therein to Primary Servicing Subservicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer Subservicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan and shall forward to the Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Master Servicer with respect thereto. The Primary Servicer Subservicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan (to which the Primary Servicer Subservicer is otherwise entitled hereunder) accrued through the date of termination of its obligations and rights with respect to such Mortgage Loan under this Agreement, except that the Master Servicer shall be entitled to any and all fees actually collected in connection with the defeasance of any Mortgage Loan. If a Mortgage Loan subsequently becomes a Rehabilitated Mortgage Loan, then the Primary Servicer Subservicer shall promptly resume the servicing of such Mortgage Loan in accordance with the terms hereof.

Appears in 1 contract

Samples: Subservicing Agreement (Morgan Stanley Capital I Trust 2006-Hq8)

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Additional Terminations. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any Mortgage Loan if and when (i) such Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan (provided that this Agreement shall resume as to such Mortgage Loan if and when such Mortgage Loan becomes a Rehabilitated Corrected Mortgage Loan) or (ii) such Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust (which sale or disposition shall not include the transformation of a Loan into a Defeasance Loan)Trust. In the event of such termination, (i) the Primary Servicer Subservicer shall comply with Section 6.5 as if a Primary Servicer Subservicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan and references therein to Primary Servicing Subservicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer Subservicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan and shall forward to the Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Master Servicer with respect thereto. The Primary Servicer Subservicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan (to which the Primary Servicer Subservicer is otherwise entitled hereunder) accrued through the date of termination of its obligations and rights with respect to such Mortgage Loan under this Agreement, except that the Servicer shall be entitled to any and all fees actually collected in connection with the defeasance of any Mortgage Loan. If a Mortgage Loan subsequently becomes a Rehabilitated Corrected Mortgage Loan, then the Primary Servicer Subservicer shall promptly resume the servicing of such Mortgage Loan in accordance with the terms hereof.

Appears in 1 contract

Samples: Subservicing Agreement (COMM 2006-C7 Mortgage Trust)

Additional Terminations. Notwithstanding any provision herein to the contrary, this Agreement shall terminate with respect to any Mortgage Loan if and when (i) such Mortgage Loan becomes a Specially Serviced Mortgage Loan or an REO Mortgage Loan (provided that this Agreement shall resume as to such Mortgage Loan if and when such Mortgage Loan becomes a Rehabilitated Mortgage Loan) or ), (ii) such Mortgage Loan is sold or otherwise disposed of by or on behalf of the Trust or (which sale or disposition shall not include the transformation of a iii) such Mortgage Loan into a Defeasance Loan)is defeased. In the event of such termination, the Primary Servicer Subservicer shall comply with Section 6.5 as if a Primary Servicer Subservicer Default had occurred, except that such Section shall be construed to relate only to such Mortgage Loan and references therein to Primary Servicing Subservicing Termination Date shall be construed to mean the date of such termination, and (ii) the Primary Servicer Subservicer shall cooperate in the orderly transfer of the servicing of such Mortgage Loan and shall forward to the Master Servicer such documents as it may receive from time to time with respect thereto and provide such other assistance as may reasonably be required by the Master Servicer with respect thereto. The Primary Servicer Subservicer shall be entitled to all fees, compensation, interest and earnings on such Mortgage Loan (to which the Primary Servicer Subservicer is otherwise entitled hereunder) accrued through the date of termination of its obligations and rights with respect to such Mortgage Loan under this Agreement, except that the Master Servicer shall be entitled to any and all fees actually collected in connection with the defeasance of any Mortgage Loan. If a Mortgage Loan subsequently becomes a Rehabilitated Mortgage Loan, then the Primary Servicer Subservicer shall promptly resume the servicing of such Mortgage Loan in accordance with the terms hereof.

Appears in 1 contract

Samples: Subservicing Agreement (Morgan Stanley Capital I Trust 2007-Iq14)

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