Common use of Certain Securitization Costs Clause in Contracts

Certain Securitization Costs. Anything herein or in any Securitization Servicing Agreement to the contrary notwithstanding, in no event shall any Outside A Noteholder be required to pay or reimburse any Person for, nor shall any amount otherwise payable or distributable to an Outside A Noteholder be reduced, in whole or in part, as a result of any Advance Interest Amount on Securitization P&I Advances; any Securitization P&I Advances that are determined to be Nonrecoverable Advances; trustee fees, certificate administrator fees, operating advisor fees or asset representation reviewer fees, or any master servicing fees for the Mortgage Loan in excess of an Outside A Noteholder’s pro rata share of that portion of master servicing fees calculated at the “primary servicing fee rate” (or analogous term) applicable to the Mortgage Loan as set forth in the Lead Securitization Servicing Agreement (and any master servicing fees on mortgage loans other than the Mortgage Loan), that are accrued, paid or payable in respect of any Securitization A Note; or any costs or expenses of the enforcement of any obligation of any Person to repurchase a Securitization A Note from any Securitization Trust; provided, however, that this subsection (f) shall be subject to the provisions of subsection (g) with respect to Penalty Charges.

Appears in 9 contracts

Samples: Amended And (Bank5 2023-5yr3), Agreement Between Noteholders (BBCMS Mortgage Trust 2023-C21), Amended And (BMO 2023-C6 Mortgage Trust)

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