Common use of Companion Loan Intercreditor Matters Clause in Contracts

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.8, or Section 3.16, the Mortgage Loan is, in its entirety, purchased or repurchased from the Trust Fund, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Trust Notes under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Loan in its capacity as the holder of the Trust Notes (as a result of such purchase, repurchase or substitution) and (except for the original Companion Notes) on behalf of the holders of the Companion Notes. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.8, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust Fund, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Notes related to the Trust Notes Loan under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Notes related to the Trust Notes Loan (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Note that represents the Companion NotesLoan. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Loan or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders Holder as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.7, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust Fund, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Trust Notes under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Trust Notes (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Trust Notes) on behalf of the holders of the Senior Pari Passu Non-Trust Notes that evidence the Senior Pari Passu Companion NotesLoans. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Senior Pari Passu Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Mortgage Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.9, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust FundTrust, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Notes related to the Trust Notes Loan under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan 125 shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Notes related to the Trust Notes Loan (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Notes that represent the Companion NotesLoan. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Loan or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Mortgage Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.9, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust FundTrust, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Notes related to the Trust Notes Loan under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Notes related to the Trust Notes Loan (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Notes that represent the Companion NotesLoan. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Loan or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Mortgage Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.6, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust Fund, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Trust Notes Note under the Co-Lender Agreement. All portions of the Mortgage Loan File and (to the extent provided under the Mortgage Trust Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Trust Notes (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Trust Notes) on behalf of the holders of the Companion Loan Notes. Thereafter, such Mortgage Loan File shall be held by the holder of the Trust Notes or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Mortgage Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.8, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust FundTrust, the subsequent holder thereof shall be bound by the terms of the Co-Co- Lender Agreement and shall assume the rights and obligations of the holder of the Notes related to the Trust Notes Loan under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Notes related to the Trust Notes Loan (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Notes that represent the Companion NotesLoans. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Loan or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.9, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust FundTrust, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Notes related to the Trust Notes Loan under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Notes related to the Trust Notes Loan (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Notes that represent the Companion NotesLoans. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Loan or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.9, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust FundTrust, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Notes related to the Trust Notes Loan under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Notes related to the Trust Notes Loan (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Notes that represent the Companion NotesLoan. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Loan or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.. 127

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.8, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust FundTrust, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Notes related to the Trust Notes Loan under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Notes related to the Trust Notes Loan (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Notes that represent the Companion NotesLoans. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Loan or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.7, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust Fund, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Trust Notes Note under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Trust Notes Note (as a result of such purchase, repurchase or substitution) and (except for the original Companion Notesactual Note) on behalf of the holders of the Note that represents the Companion NotesLoan. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Note or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders Holder as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.82.6, or Section 3.163.16 of this Agreement, the Mortgage Trust Loan is, in its entirety, purchased or repurchased from the Trust Fund, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Trust Notes under the Co-Lender Agreement. All portions of the Mortgage Loan File and (to the extent provided under the Mortgage related Loan Purchase Agreement) other documents pertaining to the Whole Trust Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Trust Loan in its capacity as the holder of the Trust Notes (as a result of such purchase, repurchase or substitution) and (except for the original Companion actual Notes) on behalf of the holders of the Notes that represent the Companion NotesLoans. Thereafter, such Mortgage Loan File shall be held by the holder of the Trust Notes or a custodian appointed thereby for the benefit thereof, on behalf of itself and the holders of the related Companion Loan Holders Loans as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.

Companion Loan Intercreditor Matters. (a) If, pursuant to Section 2.8, or Section 3.163.16 of this Agreement, the Mortgage Loan is, in its entirety, purchased or repurchased from the Trust Fund, the subsequent holder thereof shall be bound by the terms of the Co-Lender Agreement and shall assume the rights and obligations of the holder of the Trust Notes Note under the Co-Lender Agreement. All portions of the Mortgage File and (to the extent provided under the Mortgage Loan Purchase Agreement) other documents pertaining to the Whole Mortgage Loan shall be endorsed or assigned to the extent necessary or appropriate to the purchaser of the Mortgage Loan in its capacity as the holder of the Trust Notes Note (as a result of such purchase, repurchase or substitution) and (except for the original Companion Notesactual Note) on behalf of the holders of the Note that represents the Companion NotesLoan. Thereafter, such Mortgage File shall be held by the holder of the Trust Notes Note or a custodian appointed thereby for the benefit thereof, on behalf of itself and the Companion Loan Holders Holder as their interests appear under the Co-Lender Agreement. If the related servicing file is not already in the possession of such party, it shall be delivered to the master servicer or special servicer, as the case may be, under any separate servicing agreement for the Whole Loan.