Common use of Additional Trust Termination Requirements Clause in Contracts

Additional Trust Termination Requirements. (a) In the event of a purchase of all the remaining Mortgage Loans and REO Properties held by the Trust in accordance with Section 10.1 or any other termination of the Trust under this Article X, the Trust and each REMIC Pool shall be terminated in accordance with the following additional requirements, unless in the case of a termination under Section 10.1 hereof, the Final Purchaser delivers to the Trustee an Opinion of Counsel at the expense of the Final Purchaser (or, in the case of any other termination, the Trustee shall obtain such Opinion of Counsel at the expense of the Trust Fund) addressed to the Depositor and the Trustee to the effect that the failure of the Trust to comply with the requirements of this Section 10.3 will not (i) result in the imposition of taxes on "prohibited transactions" of any REMIC Pool under the REMIC Provisions or (ii) cause any REMIC Pool to fail to qualify as a REMIC at any time that any Certificates are outstanding:

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Heller Financial Commercial Mort Asset Corp Series 1999 Ph 2), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

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Additional Trust Termination Requirements. (a) In the event of a purchase of all the remaining Mortgage Loans and REO Properties held by the Trust in accordance with Section 10.1 9.1 or any other termination of the Trust under this Article XIX, the Trust and each REMIC Pool shall be terminated in accordance with the following additional requirements, unless in the case of a termination under Section 10.1 9.1 hereof, the Final Purchaser delivers to the Trustee an Opinion of Counsel at the expense of the Final Purchaser (or, in the case of any other termination, the Trustee shall obtain such Opinion of Counsel at the expense of the Trust Fund) addressed to the Depositor and the Trustee to the effect that the failure of the Trust to comply with the requirements of this Section 10.3 9.3 will not (i) result in the imposition of taxes on "prohibited transactions" of any REMIC Pool under the REMIC Provisions or (ii) cause any REMIC Pool to fail to qualify as a REMIC at any time that any Certificates are outstanding:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (PNC Mort Accept Corp Commerc Mort Pass THR Cert Ser 1999 Cm1), Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp)

Additional Trust Termination Requirements. (a) In the event of a purchase of all the remaining Mortgage Loans and REO Properties held by the Trust in accordance with Section 10.1 9.1 or any other termination of the Trust under this Article XIX, the Trust and each REMIC Pool shall be terminated in accordance with the following additional requirements, unless in the case of a termination under Section 10.1 9.1 hereof, the Final Purchaser delivers to the Trustee an Opinion of Counsel at the expense of the Final Purchaser (or, in the case of any other termination, the Trustee shall obtain such Opinion of Counsel at the expense of the Trust Fund) addressed to the Depositor and the Trustee to the effect that the failure of the Trust to comply with the requirements of this Section 10.3 9.3 will not (i) result in the imposition of taxes on "prohibited transactions" of any Trust REMIC Pool under the REMIC Provisions or (ii) cause any Trust REMIC Pool to fail to qualify as a REMIC at any time that any Certificates are outstanding:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 1998 C1), Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp)

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Additional Trust Termination Requirements. (a) In the event of a purchase of all the remaining Mortgage Loans and REO Properties held by the Trust in accordance with Section 10.1 or any other termination of the Trust under this Article X, the Trust and each REMIC Pool shall be terminated in accordance with the following additional requirements, unless in the case of a termination under Section 10.1 hereof, the Final Purchaser delivers to the Trustee an Opinion of Counsel at the expense of the Final Purchaser (or, in the case of any other termination, the Trustee shall obtain such Opinion of Counsel at the expense of the 148 Trust Fund) addressed to the Depositor and the Trustee to the effect that the failure of the Trust to comply with the requirements of this Section 10.3 will not (i) result in the imposition of taxes on "prohibited transactions" of any REMIC Pool under the REMIC Provisions or (ii) cause any REMIC Pool to fail to qualify as a REMIC at any time that any Certificates are outstanding:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Depositor for Series 1999-Fnv1)

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