Common use of Certain Constructions Clause in Contracts

Certain Constructions. (a) For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A, Class X-A, Class X-B, Class X-E, Class X-F, Class X-NR, Class A-S, Class B, Class C, Class D, Class E, Class F and Class NR Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A Certificates are the only Classes of Principal Balance Certificates outstanding, the Class A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Balance or Notional Amount has not been reduced to zero. For purposes of this Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01 of this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSAIL 2015-C3 Commercial Mortgage Trust), Pooling and Servicing Agreement (CSAIL 2015-C2 Commercial Mortgage Trust)

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Certain Constructions. (a) For purposes of this AgreementSection 9.01, references to the most or next most subordinate Most Subordinate Class of Certificates as defined in Section 1.01 (or REMIC II Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or REMIC II Regular Interests) then outstanding as among the Class AA1, Class X-AA2, Class X-B, Class X-E, Class X-F, Class X-NR, Class A-SA3, Class B, Class C, Class D, Class E, Class F F, Class G, Class H, Class J, Class K and Class NR Certificates; provided, however, that for purposes of determining L Certificates (and the most subordinate Class of Certificates, in the event that the Class A Certificates are the only Classes of Principal Balance Certificates outstandingCorresponding REMIC II Regular Interests). For such purposes, the Class A A1, Class A2 and Class A3 Certificates (and the Class X Certificates Classes of Corresponding REMIC II Regular Interests) together will shall be treated as the most subordinate Class of Certificatesconsidered to be one Class. For purposes of this AgreementAgreement (except as specifically provided in the definition of "Certificateholder"), each Class of Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Class Balance or Notional Amount has not been reduced to zero. For purposes of this Agreement, the Class R X Certificates shall be deemed to be outstanding so long as the Trust REMICs have not until their Notional Amount has been terminated pursuant reduced to Section 9.01 of this Agreementzero.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Icifc Secured Assets Corp), Pooling and Servicing Agreement (Amresco Commercial Mortgage Funding I Corp)

Certain Constructions. (a) For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class [A], Class [X-A], Class [X-B], Class X-E[B], Class X-F[C], Class X-NR[D], Class A-S[E], Class B, Class C, Class D, Class E, Class F [F] and Class NR [G] Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A [A] Certificates are the only Classes of Principal Balance Sequential Pay Certificates outstanding, the Class A [A] Certificates and the Class X [X] Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Balance Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement, the Class R [R] Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01 of this Agreement.. ARTICLE II

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Barclays Commercial Mortgage Securities LLC), Pooling and Servicing Agreement (Gs Mortgage Securities Corp Ii)

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Certain Constructions. (a) For purposes of this AgreementSection 3.10, Section 3.23, Section 3.26 and Section 4.6(c), references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A, Class X-A, Class X-B, Class X-E, Class X-F, Class X-NR, Class A-S, Class B, Class C, [Class D[EC], Class E, Class F [PO] and Class NR Certificates; provided[IO]] Certificates [(and the Class [PO] and Class [IO] Certificates shall be considered to be one Class)], however, that for purposes of determining and references to the next most subordinate Class of Certificates, in Lower-Tier Regular Interests outstanding at any time shall mean the event that the Class A Certificates are the only Classes of Principal Balance Certificates outstanding, the Class A Certificates and the Class X Certificates together will be treated as the most or next most subordinate Class of Certificates. For purposes Lower-Tier Regular Interests then outstanding as among the Class A-L, Class B-L, Class C-X and Class [PO] interests, subject in each case to the rules of construction set forth in the following sentences of this Agreement, each Section 1.3. Each Class of Regular Certificates Certificates, shall be deemed to be outstanding only to the extent its respective Certificate Principal Balance has not been reduced to zero [or, with respect to the Class [EC] Certificates, to the extent that the EC Maturity Date has not occurred] [or with respect to the Class [IO] Certificates, to the extent the Class [IO] Notional Amount Balance has not been reduced to zero]. For purposes of this AgreementUnless the context clearly indicates otherwise, the Class R Certificates shall be deemed references to be outstanding so long as the Trust REMICs have not been terminated pursuant section numbers are to Section 9.01 sections of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Acceptance Corp)

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