Advances; Reimbursement of Advances. (a) (i) Pursuant to terms of the Servicing Agreement, the Lead Servicer and/or the Trustee shall be obligated (subject to customary determinations of non-recoverability) to make (1) Property Advances with respect to the Mortgage Loan or the Mortgaged Property and (2) P&I Advances with respect to the Lead Note (and any other Note(s) included in the Lead Securitization) and (ii) pursuant to the terms of each Non-Lead Securitization Servicing Agreement, the related Non-Lead Master Servicer and/or the related Non-Lead Trustee may be obligated to make P&I Advances with respect to the related Non-Lead Note(s). The Lead Servicer and/or the Trustee will not be required to make any P&I Advance with respect to any Non-Lead Note (other than a Non-Lead Note that is also included in the Lead Securitization) and no Non-Lead Master Servicer or Non-Lead Trustee will be required to make any P&I Advance with respect to the Lead Note, any other Non-Lead Note (other than another Non-Lead Note that is also included in the same Non-Lead Securitization) or any Property Advance. The Lead Servicer, each Non-Lead Master Servicer, the Trustee and each Non-Lead Trustee will be entitled to interest on any Advance (at a rate not to exceed the Prime Rate) made in the manner and from the sources provided in the Note A-1 PSA, the Note A-2 PSA, the Note A-3-1 PSA, the Note A-3-2 PSA, the Note A-4 PSA, the Note A-5-1 PSA, the Note A-5-2 PSA, the Note A-6 PSA and the Note A-7 PSA, as applicable.
Appears in 8 contracts
Samples: Co Lender Agreement, Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2017-C41), Co Lender Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C34)
Advances; Reimbursement of Advances. (a) (i) Pursuant to terms of the Servicing Agreement, the Lead Servicer and/or the related Trustee shall be obligated (subject to customary determinations of non-recoverability) to make (1) Property Advances with respect to the Mortgage Loan or the Mortgaged Property and (2) P&I Advances with respect to the Lead Note (and any other Note(s) included in the Lead Securitization) and (ii) pursuant to the terms of each a Non-Lead Securitization Servicing Agreement, the related Non-Lead Master Servicer and/or the related Non-Lead Trustee may be obligated to make P&I Advances with respect to the related Non-Lead Note(s)Note. The Lead Servicer and/or the related Trustee will not be required to make any P&I Advance with respect to any Non-Lead Note (other than a Non-Lead Note that is also included in and the Lead Securitization) and no related Non-Lead Master Servicer or and/or the related Non-Lead Trustee will not be required to make any P&I Advance with respect to the any Lead Note, any other Non-Lead Note (other than another Non-Lead Note that is also included in the same Non-Lead Securitization) or any Property Advance. The Lead Servicer, each Non-Lead Master Servicer, the Trustee Servicer and each Non-Lead any related Trustee will be entitled to interest on any Advance (at a rate not to exceed the Prime Rate) made in the manner and from the sources provided in the Note A-1 PSA, the Note A-2 PSA, the PSA and Note A-3-1 PSA, the Note A-3-2 A-3 PSA, the Note A-4 PSA, the Note A-5-1 PSA, the Note A-5-2 PSA, the Note A-6 A-5 PSA and the Note A-7 A-6 PSA, as applicable.
Appears in 6 contracts
Samples: Co Lender Agreement (CD 2017-Cd3 Mortgage Trust), Co Lender Agreement (Citigroup Commercial Mortgage Trust 2016-P6), Co Lender Agreement (CSMC 2016-NXSR Commercial Mortgage Trust)
Advances; Reimbursement of Advances. (a) (i) Pursuant to terms of the Servicing Agreement, the Lead Servicer and/or the Trustee shall be obligated (subject to customary determinations of non-recoverability) to make (1) Property Advances with respect to the Mortgage Loan or the Mortgaged Property and (2) P&I Advances with respect to the Lead Note (and any other Note(s) included in the Lead Securitization) and (ii) pursuant to the terms of each Non-Lead Securitization Servicing Agreement, the related Non-Lead Master Servicer and/or the related Non-Lead Trustee may be obligated to make P&I Advances with respect to the related Non-Lead Note(s). The Lead Servicer and/or the Trustee will not be required to make any P&I Advance with respect to any Non-Lead Note (other than a Non-Lead Note that is also included in the Lead Securitization) and no Non-Lead Master Servicer or Non-Lead Trustee will be required to make any P&I Advance with respect to the Lead Note, any other Non-Lead Note (other than another Non-Lead Note that is also included in the same Non-Lead Securitization) or any Property Advance. The Lead Servicer, each Non-Lead Master Servicer, the Trustee and each Non-Lead Trustee will be entitled to interest on any Advance (at a rate not to exceed the Prime Rate) made in the manner and from the sources provided in the Note A-1 PSA, the Note A-2 PSA, the Note A-3-1 PSA, the Note A-3-2 A-3 PSA, the Note A-4 PSA, the Note A-5-1 PSA, the Note A-5-2 PSA, the Note A-6 A-5 PSA and the Note A-7 A-6 PSA, as applicable.
Appears in 5 contracts
Samples: Co Lender Agreement (CD 2017-Cd4 Mortgage Trust), Co Lender Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C33), Co Lender Agreement (Bank 2017-Bnk4)
Advances; Reimbursement of Advances. (a) (i) Pursuant to terms of the Servicing Agreement, the Lead Servicer and/or the Trustee shall be obligated (subject to customary determinations of non-recoverability) to make (1) Property Advances with respect to the Mortgage Loan or the Mortgaged Property and (2) P&I Advances with respect to the Lead Note (and any other Note(s) included in the Lead Securitization) and (ii) pursuant to the terms of each Non-Lead Securitization Servicing Agreement, the related Non-Lead Master Servicer and/or the related Non-Lead Trustee may be obligated to make P&I Advances with respect to the related Non-Lead Note(s)Note. The Lead Servicer and/or the Trustee will not be required to make any P&I Advance with respect to any Non-Lead Note (other than a Non-Lead Note that is also included in the Lead Securitization) and no Non-Lead Master Servicer or Non-Lead Trustee will be required to make any P&I Advance with respect to the Lead Note, any other Non-Lead Note (other than another Non-Lead Note that is also included in the same Non-Lead Securitization) or any Property Advance. The Lead Servicer, each Non-Lead Master Servicer, the Trustee and each Non-Lead Trustee will be entitled to interest on any Advance (at a rate not to exceed the Prime Rate) made in the manner and from the sources provided in the Note A-1 PSA, the Note A-2 PSA, the Note A-3-1 PSA, the Note A-3-2 PSA, A-3 PSA and the Note A-4 PSA, the Note A-5-1 PSA, the Note A-5-2 PSA, the Note A-6 PSA and the Note A-7 PSA, as applicable.
Appears in 4 contracts
Samples: Co Lender Agreement (GS Mortgage Securities Trust 2017-Gs6), Co Lender Agreement (CD 2017-Cd4 Mortgage Trust), Co Lender Agreement (Citigroup Commercial Mortgage Trust 2017-P7)
Advances; Reimbursement of Advances. (a) From time to time, (i) Pursuant pursuant to terms of the Servicing Agreement, the Lead Servicer and/or the related Trustee shall may be obligated (subject to customary determinations of non-recoverability) to make (1) Property Advances with respect to the Mortgage Loan or the Mortgaged Property Properties and (2) P&I Advances with respect to the Lead Note (and any other Note(s) included in the Lead Securitization) and (ii) pursuant to the terms of each a Non-Lead Securitization Servicing Agreement, the related Non-Lead Master Servicer and/or the related Non-Lead Trustee may be obligated to make P&I Advances with respect to the related a Non-Lead Note(s)Note. The Lead Servicer and/or the related Trustee will not be required to make any P&I Advance with respect to any Non-Lead Note (other than a Non-Lead Note that is also included in and the Lead Securitization) and no related Non-Lead Master Servicer or Non-Lead and/or the related Trustee will not be required to make any P&I Advance with respect to the any Lead Note, any other Non-Lead Note (other than another Non-Lead Note that is also included in the same Non-Lead Securitization) or any Property Advance. The Lead Servicer, each Non-Lead Master Servicer, the Trustee Servicer and each Non-Lead any Trustee will be entitled to interest on any Advance (at a rate not to exceed the Prime Rate) made in the manner and from the sources provided in the Note A-1 A-1-A PSA, the Note A-2 A-1-B PSA, the Note A-3A-2-1 A1 PSA, the Note A-3A-2-2 A2 PSA, the Note A-4 A-2-B PSA, the Note A-3 PSA, the Note A-4-A PSA, the Note A-4-B PSA, the Note A-5-1 A PSA, the Note A-5-2 PSA, the Note A-6 B PSA and the Note A-7 A-6 PSA, as applicable.
(b) The Lead Servicer and the related Trustee, as applicable, will be entitled to reimbursement for a Property Advance, first from the Collection Account established with respect to the Mortgage Loan, and then, if such Property Advance is a Nonrecoverable Advance, if such funds on deposit in the Collection Account are insufficient, from general collections of the Lead Securitization as provided in the Servicing Agreement.
(c) To the extent the Lead Servicer or the related Trustee, as applicable, obtains funds from general collections of the Lead Securitization as a reimbursement for a Property Advance or interest thereon, each Non-Lead Note Holder (including any Securitization into which any Non-Lead Note is deposited) shall be required to, promptly following notice from the Lead Servicer, reimburse the Lead Securitization for its pro rata share of such Property Advance and/or interest thereon at the Reimbursement Rate. In addition, each Non-Lead Note Holder (including any Securitization into which any Non-Lead Note is deposited) shall promptly reimburse the Lead Servicer or the related Trustee for such Non-Lead Note Holder’s pro rata share of any fees, costs or expenses incurred in connection with the servicing and administration of the Mortgage Loan as to which the Lead Securitization or any of the parties thereto are entitled to be reimbursed pursuant to the terms of the Servicing Agreement (to the extent amounts on deposit in the Collection Account are insufficient for reimbursement of such amounts).
(d) The parties to each of the Note A-1-A PSA, the Note A-1-B PSA, the Note A-2-A1 PSA, the Note A-2-A2 PSA, the Note A-2-B PSA, the Note A-3 PSA, the Note A-4-A PSA, the Note A-4-B PSA, the Note A-5-A PSA, the Note A-5-B PSA or the Note A-6 PSA shall each be entitled to make their own recoverability determination with respect to a P&I Advance based on the information that they have on hand and in accordance with the Note A-1-A PSA, the Note A-1-B PSA, the Note A-2-A1 PSA, the Note A-2-A2 PSA, the Note A-2-B PSA, the Note A-3 PSA, the Note A-4-A PSA, the Note A-4-B PSA, the Note A-5-A PSA, the Note A-5-B PSA or the Note A-6, as applicable.
(e) If the Lead Servicer or the related Trustee elects to defer the reimbursement of a Property Advance in accordance with the terms of the Servicing Agreement, the Lead Servicer or the related Trustee shall also defer its reimbursement of each Non-Lead Note share from the Non-Lead Note Holders.
Appears in 4 contracts
Samples: Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-Lc24), Co Lender Agreement (JPMDB Commercial Mortgage Securities Trust 2016-C2), Co Lender Agreement (COMM 2015-Lc23 Mortgage Trust)
Advances; Reimbursement of Advances. (a) (i) Pursuant to terms of the Servicing Agreement, the Lead Servicer and/or the related Trustee shall be obligated (subject to customary determinations of non-recoverability) to make (1) Property Advances with respect to the Mortgage Loan or the Mortgaged Property and (2) P&I Advances with respect to the Lead Note (and any other Note(s) included in the Lead Securitization) and (ii) pursuant to the terms of each a Non-Lead Securitization Servicing Agreement, the related Non-Lead Master Servicer and/or the related Non-Lead Trustee may be obligated to make P&I Advances with respect to the related Non-Lead Note(s)Note. The Lead Servicer and/or the related Trustee will not be required to make any P&I Advance with respect to any Non-Lead Note (other than a Non-Lead Note that is also included in and the Lead Securitization) and no related Non-Lead Master Servicer or and/or the related Non-Lead Trustee will not be required to make any P&I Advance with respect to the any Lead Note, any other Non-Lead Note (other than another Non-Lead Note that is also included in the same Non-Lead Securitization) or any Property Advance. The Lead Servicer, each Non-Lead Master Servicer, the Trustee and each any related Non-Lead Trustee will be entitled to interest on any Advance (at a rate not to exceed the Prime Rate) made in the manner and from the sources provided in the Note A-1 A-1-1 PSA, the Note A-2 A-1-2 PSA, the Note A-1-3 PSA, the Note A-1-4 PSA, the Note A-1-5 PSA, the Note A-1-6 PSA, the Note A-2-1 PSA, the Note A-2-2 PSA, the Note A-2-3 PSA, the Note A-2-4 PSA, the Note A-2-5 PSA, the Note A-2-6 PSA, the Note A-3-1 PSA, the Note A-3-2 PSA, the Note A-4 A-3-3 PSA, the Note A-3-4 PSA, the Note A-3-5 PSA, the Note A-4-1 PSA, the Note A-4-2 PSA, the Note A-4-3 PSA, the Note A-4-4 PSA, the Note A-4-5 PSA, the Note A-4-6 PSA, the Note A-5-1 PSA, the Note A-5-2 PSA, the Note A-6 A-5-3 PSA and the Note A-7 A-5-4 PSA, as applicable.
(b) The Lead Servicer and the related Trustee, as applicable, will be entitled to reimbursement for a Property Advance, first from the Collection Account established with respect to the Mortgage Loan, and then, if such Property Advance is a Nonrecoverable Advance, if such funds on deposit in the Collection Account are insufficient, from general collections of the Lead Securitization as provided in the Servicing Agreement.
(c) To the extent amounts on deposit in the Collection Account with respect to the Mortgage Loan are insufficient to reimburse the Lead Servicer or the related Trustee, as applicable, for any Property Advance and/or interest thereon and the Lead Servicer or the related Trustee, as applicable, obtains funds from general collections of the Lead Securitization as a reimbursement for such Property Advance or interest thereon, each Non-Lead Note Holder (including any Securitization into which the related Non-Lead Note is deposited) shall be required to, promptly following notice from the Lead Servicer, pay to the Lead Securitization for its Pro Rata and Pari Passu Basis share of such Property Advance and/or interest thereon at the Reimbursement Rate so reimbursed from general collections (to the extent amounts on deposit in the Collection Account are insufficient for reimbursement of such amounts). In addition, each Non-Lead Note Holder (including any Securitization into which the related Non-Lead Note is deposited) shall promptly pay or reimburse the Lead Servicer or the related Trustee for such Non-Lead Note Holder’s Pro Rata and Pari Passu Basis share of any fees, costs or expenses incurred in connection with the servicing and administration of the Mortgage Loan (including, without limitation, any and all fees, costs or expenses related to obtaining a Rating Agency Confirmation) as to which the Lead Securitization or any of the parties thereto are entitled to be reimbursed pursuant to the terms of the Servicing Agreement (to the extent amounts on deposit in the Collection Account are insufficient for reimbursement of such amounts).
(d) The parties to each of the Note A-1-1 PSA, the Note A-1-2 PSA, the Note A-1-3 PSA, the Note A-1-4 PSA, the Note A-1-5 PSA, the Note A-1-6 PSA, the Note A-2-1 PSA, the Note A-2-2 PSA, the Note A-2-3 PSA, the Note A-2-4 PSA, the Note A-2-5 PSA, the Note A-2-6 PSA, the Note A-3-1 PSA, the Note A-3-2 PSA, the Note A-3-3 PSA, the Note A-3-4 PSA, the Note A-3-5 PSA, the Note A-4-1 PSA, the Note A-4-2 PSA, the Note A-4-3 PSA, the Note A-4-4 PSA, the Note A-4-5 PSA, the Note A-4-6 PSA, the Note A-5-1 PSA, the Note A-5-2 PSA, the Note A-5-3 PSA and the Note A-5-4 PSA shall each be entitled to make their own recoverability determination with respect to a P&I Advance based on the information that they have on hand and in accordance with the Note A-1-1 PSA, the Note A-1-2 PSA, the Note A-1-3 PSA, the Note A-1-4 PSA, the Note A-1-5 PSA, the Note A-1-6 PSA, the Note A-2-1 PSA, the Note A-2-2 PSA, the Note A-2-3 PSA, the Note A-2-4 PSA, the Note A-2-5 PSA, the Note A-2-6 PSA, the Note A-3-1 PSA, the Note A-3-2 PSA, the Note A-3-3 PSA, the Note A-3-4 PSA, the Note A-3-5 PSA, the Note A-4-1 PSA, the Note A-4-2 PSA, the Note A-4-3 PSA, the Note A-4-4 PSA, the Note A-4-5 PSA, the Note A-4-6 PSA, the Note A-5-1 PSA, the Note A-5-2 PSA, the Note A-5-3 PSA and the Note A-5-4 PSA, as applicable.
(e) If the Lead Servicer or the related Trustee elects to defer the reimbursement of a Property Advance in accordance with the terms of the Servicing Agreement, the Lead Servicer or the related Trustee shall also defer its reimbursement of each Non-Lead Note share from the Non-Lead Note Holders.
Appears in 3 contracts
Samples: Co Lender Agreement (BBCMS Mortgage Trust 2024-5c31), Co Lender Agreement (BMO 2024-5c8 Mortgage Trust), Co Lender Agreement (Bank5 2024-5yr11)