Common use of Certain Powers of the Controlling Holders and Certain Intercreditor Matters Clause in Contracts

Certain Powers of the Controlling Holders and Certain Intercreditor Matters. (a) With respect to each A/B Whole Loan, the related Controlling Holder shall not owe any fiduciary duty to the Trustee, the Certificate Administrator, the Master Servicer, the Special Servicer or any Certificateholder with respect to the related A/B Whole Loan. The related Controlling Holder will not have any liability to the Certificateholders for any action taken, or for refraining from the taking of any action or the giving or withholding of any consent, pursuant to this Agreement, or for errors in judgment. By its acceptance of a Certificate, each Certificateholder confirms its understanding that the related Controlling Holder may take or refrain from taking actions that favor the interests of one or more Classes of the Certificates over other Classes of the Certificates, and that the related Controlling Holder may have special relationships and interests that conflict with those of Holders of some Classes of the Certificates, that the related Controlling Holder does not have any duties to the Holders of any Class of Certificates, and that the related Controlling Holder shall have no liability whatsoever for having so acted, and no Certificateholder may take any action whatsoever against the related Controlling Holder or any director, officer, employee, agent or principal thereof for having so acted.

Certain Powers of the Controlling Holders and Certain Intercreditor Matters. (a) With respect to each A/B Whole Loan, the related No Controlling Holder shall not owe any fiduciary duty to the Trustee, the Certificate Administrator, the Master Servicer, the Special Servicer or any Certificateholder with respect to the related A/B Whole Loan. The related Controlling Holder will not have any liability to the Certificateholders for any action taken, or for refraining from the taking of any action or the giving or withholding of any consent, pursuant to this Agreement, or for errors in judgment. By its acceptance of a Certificate, each Certificateholder confirms its understanding that the related Controlling Holder may take or refrain from taking actions that favor the interests of one or more Classes of the Certificates over other Classes of the Certificates, and that the related Controlling Holder may have special relationships and interests that conflict with those of Holders of some Classes of the Certificates, that the related Controlling Holder does not have any duties to the Holders of any Class of Certificates, and that the related Controlling Holder shall have no liability whatsoever for having so acted, and no Certificateholder may take any action whatsoever against the related Controlling Holder or any director, officer, employee, agent or principal thereof for having so acted.

Certain Powers of the Controlling Holders and Certain Intercreditor Matters. (a) With respect to each A/B Whole Loan, the related No Controlling Holder shall not owe any fiduciary duty to the Trustee, the Certificate Administrator, the Master Servicer, the Special Servicer or any Certificateholder with respect to the related A/B Whole Loan. The related Controlling Holder will not have any liability to the Certificateholders for any action taken, or for refraining from the taking of any action or the giving or withholding of any consent, pursuant to this Agreement, or for errors in judgment. By its acceptance of a Certificate, each Certificateholder confirms its understanding that the related a Controlling Holder may take or refrain from taking actions that favor the interests of one or more Classes of the Certificates over other Classes of the Certificates, and that the related a Controlling Holder may have special relationships and interests that conflict with those of Holders of some Classes of the Certificates, that the related a Controlling Holder does not have any duties to the Holders of any Class of Certificates, and that the related Controlling Holder shall have no liability whatsoever for having so acted, and no Certificateholder may take any action whatsoever against the related a Controlling Holder or any director, officer, employee, agent or principal thereof for having so acted.

Certain Powers of the Controlling Holders and Certain Intercreditor Matters. (a) With respect to each A/B Whole Loan, the The related Controlling Holder shall not owe any fiduciary duty to the Trustee, the Certificate Administrator, the Master Servicer, the Special Servicer or any Certificateholder with respect to the related A/B Whole LoanCertificateholder. The related Controlling Holder will not have any liability to the Certificateholders for any action taken, or for refraining from the taking of any action or the giving or withholding of any consent, pursuant to this Agreement, or for errors in judgment. By its acceptance of a Certificate, each Certificateholder confirms its understanding that the related Controlling Holder may take or refrain from taking actions that favor the interests of one or more Classes of the Certificates over other Classes of the Certificates, and that the related Controlling Holder may have special relationships and interests that conflict with those of Holders of some Classes of the Certificates, that the related Controlling Holder does not have any duties to the Holders of any Class of Certificates, and that the related Controlling Holder shall have no liability whatsoever for having so acted, and no Certificateholder may take any action whatsoever against the related Controlling Holder or any director, officer, employee, agent or principal thereof for having so acted.