Common use of Administration of the Loans Clause in Contracts

Administration of the Loans. (a) Each of the Master Servicer and the Special Servicer shall service and administer the Loans and any REO Properties that it is obligated to service and administer pursuant to this Agreement on behalf of the Trustee, and in the best interests and for the benefit of the Certificateholders and, in the case of a Loan Pair, on behalf of the related Companion Loan Noteholders (as a collective whole) in accordance with any and all applicable laws, the terms of this Agreement, the terms of the respective Loans and in the case of a Loan Pair, the related Co-Lender Agreement, and, to the extent consistent with the foregoing, in accordance with the Servicing Standard. Without limiting the foregoing, and subject to Section 3.21, (i) the Master Servicer shall service and administer all Performing Loans, and (ii) the Special Servicer shall service and administer (x) each Loan (other than a Corrected Loan) as to which a Servicing Transfer Event has occurred and is continuing, and (y) each REO Property; provided, however, that the Master Servicer shall continue to collect information and prepare all reports to the Trustee required hereunder with respect to any Specially Serviced Loans and REO Properties (and the related REO Loans), and further to render such incidental services with respect to any Specially Serviced Loans and REO Properties as are specifically provided for herein; and provided, further, that the Special Servicer shall render such incidental services with respect to Performing Loans as are specifically provided for herein. The Master Servicer shall not, on behalf of the Trust, obtain title to a Mortgaged Property.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 2003-1), Pooling and Servicing Agreement (Banc of America Commercial Mort. Pass Thr. Certs SER 2004-3)

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Administration of the Loans. (a) Each of the Master Servicer and the Special Servicer shall service and administer the Loans and any REO Properties that it is obligated to service and administer pursuant to this Agreement on behalf of the Trustee, and in the best interests and for the benefit of the Certificateholders and, in the case of a Loan PairWhole Loan, on behalf of the related Companion Loan Noteholders (as a collective wholewhole taking into account the subordination of the FM Component Mortgage Loan Subordinate Components, the SM Component Mortgage Loan Subordinate Components, the LM Component Mortgage Loan Subordinate Component and the 1901 Research Boulevard B Note) in accordance with any and all applicable lawsapplicabxx xxxx, the terms of this xxx xxxxx xx xxxs Agreement, the terms of the respective Loans and in the case of a Loan PairWhole Loan, the related Co-Lender Intercreditor Agreement, and, to the extent consistent with the foregoing, in accordance with the Servicing Standard. Without limiting the foregoing, and subject to Section 3.21, (i) the Master Servicer shall service and administer all Performing Loans, and (ii) the Special Servicer shall service and administer (x) each Loan (other than a Corrected Loan) as to which a Servicing Transfer Event has occurred and is continuing, and (y) each REO Property; provided, however, that the Master Servicer shall continue to collect information and prepare all reports to the Trustee required hereunder with respect to any Specially Serviced Loans and REO Properties (and the related REO Loans), and further to render such incidental services with respect to any Specially Serviced Loans and REO Properties as are specifically provided for herein; and provided, further, that the Special Servicer shall render such incidental services with respect to Performing Loans as are specifically provided for herein. The Master Servicer shall not, on behalf of the Trust, obtain title to a Mortgaged Property.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-1)

Administration of the Loans. (a) Each of the Master Servicer and the Special Servicer shall service and administer the Loans and any REO Properties that it is obligated to service and administer pursuant to this Agreement on behalf of the Trustee, and in the best interests and for the benefit of the Certificateholders and, in the case of a Loan PairWhole Loan, on behalf of the related Companion Loan Noteholders (Holder, as a collective whole) , in accordance with any and all applicable laws, the terms of this Agreement, the terms of the respective Loans and in the case of a Loan PairWhole Loan, the related Co-Lender Intercreditor Agreement, and, to the extent consistent with the foregoing, in accordance with the Servicing Standard. Without limiting the foregoing, and subject to Section 3.21, (i) the Master Servicer shall service and administer all Performing Loans, and (ii) the Special Servicer shall service and administer (x) each Loan (other than a Corrected Loan) as to which a Servicing Transfer Event has occurred and is continuing, and (y) each REO Property; provided, however, that the Master Servicer shall continue to collect information and prepare all reports to the Trustee required hereunder with respect to any Specially Serviced Loans and REO Properties (and the related REO Loans), and further to render such incidental services with respect to any Specially Serviced Loans and REO Properties as are specifically provided for herein; and provided, further, that the Special Servicer shall render such incidental services with respect to Performing Loans as are specifically provided for herein. The Master Servicer shall not, on behalf of the Trust, obtain title to a Mortgaged Property.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-6)

Administration of the Loans. (a) Each of the Master Servicer and the Special Servicer shall service and administer the Loans and any REO Properties that it is obligated to service and administer pursuant to this Agreement on behalf of the Trustee, and in the best interests and for the benefit of the Certificateholders (or, in the case of the UBS Warburg Building Companion Loan, on behalf of the UBS Warburg Building Companion Loan Noteholder), as determined in the good faith and reasonable judgement of the Master Servicer or the Special Servicer, as the case may be, in accordance with: (i) any and all applicable laws; (ii) the express terms of this Agreement, the respective Loans and, in the case of a Loan Pair, on behalf of the related Companion Loan Noteholders (as a collective whole) in accordance with any and all applicable laws, the terms of this Agreement, the terms of the respective Loans and in the case of a UBS Warburg Building Loan Pair, the related UBS Warburg Building Co-Lender and Servicing Agreement, and, ; and (iii) to the extent consistent with the foregoing, the Servicing Standard. The Master Servicer or the Special Servicer, as applicable in accordance with this Agreement, shall service and administer each Cross-Collateralized Group as a single Mortgage Loan as and when necessary and appropriate consistent with the Servicing Standard. Without limiting the foregoing, and subject to Section 3.21, (i) the Master Servicer shall service and administer all Performing LoansLoans that are not Specially Serviced Loans and shall render such services with respect to the Specially Serviced Loans as are specifically provided for herein, and (ii) the Special Servicer shall service and administer (x) each Loan (other than a Corrected Loan) as to which a Servicing Transfer Event has occurred and is continuing, and (y) each REO Property; provided, however, that the Master Servicer shall continue to collect information and prepare all reports to the Trustee required hereunder with respect to any Specially Serviced Loans Loan and REO Properties (Property and the related REO Loans), and further to shall render such incidental services with respect to any the Loans that are not Specially Serviced Loans and REO Properties as are specifically provided for herein; and provided, further, that the Special Servicer shall render such incidental services with respect to Performing Loans as are specifically provided for herein. The All references herein to the respective duties of the Master Servicer and the Special Servicer, and to the areas in which they may exercise discretion, shall not, on behalf of the Trust, obtain title be subject to a Mortgaged PropertySection 3.21.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp)

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Administration of the Loans. (a) Each of the Master Servicer and the Special Servicer shall service and administer the Loans and any REO Properties that it is obligated to service and administer pursuant to this Agreement on behalf of the Trustee, and in the best interests and for the benefit of the Certificateholders and, in the case of a Loan PairWhole Loan, on behalf of the related Companion Loan Noteholders (Holder, as a collective whole) whole (and, in the case of a Whole Loan that is an A/B Whole Loan, taking into account the subordination of the A/B Companion Loan), in accordance with any and all applicable laws, the terms of this Agreement, the terms of the respective Loans and in the case of a Loan PairWhole Loan, the related Co-Lender Intercreditor Agreement, and, to the extent consistent with the foregoing, in accordance with the Servicing Standard. Without limiting the foregoing, and subject to Section 3.21, (i) the Master Servicer shall service and administer all Performing Loans, and (ii) the Special Servicer shall service and administer (x) each Loan (other than a Corrected Loan) as to which a Servicing Transfer Event has occurred and is continuing, and (y) each REO Property; provided, however, that the Master Servicer shall continue to collect information and prepare all reports to the Trustee required hereunder with respect to any Specially Serviced Loans and REO Properties (and the related REO Loans), and further to render such incidental services with respect to any Specially Serviced Loans and REO Properties as are specifically provided for herein; and provided, further, that the Special Servicer shall render such incidental services with respect to Performing Loans as are specifically provided for herein. The Master Servicer shall not, on behalf of the Trust, obtain title to a Mortgaged Property.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-1)

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