Common use of is not incorporated herein Clause in Contracts

is not incorporated herein. Notwithstanding anything herein to the contrary, the Primary Servicer will not permit or consent to any assumption, transfer or other action contemplated by Section 3.09 of the Pooling and Servicing Agreement without the prior written consent of the Master Servicer. With respect to any such proposed action, the Primary Servicer shall perform and forward to the Master Servicer any analysis, recommendation or other information requested by the Master Servicer under Section 3.09 of the Pooling and Servicing Agreement. The Master Servicer, not the Primary Servicer, will deal directly with the Special Servicer in connection with obtaining any necessary approval or consent from the Special Servicer. If the Master Servicer consents to such transaction, the Primary Servicer shall process, document and close such transaction. Section 3.09(d) of the Pooling and Servicing Agreement is not incorporated herein. The Primary Servicer shall promptly provide copies of any waivers it effects pursuant to this Section to the Master Servicer and the Master Servicer will provide notice or copies to the 17g-5 Information Provider and Rating Agencies to the extent required by the Pooling and Servicing Agreement. Section 3.09(g) of the Pooling and Servicing Agreement is not incorporated herein. The Primary Servicer shall promptly forward all requests for defeasance to the Master Servicer. The Master Servicer will deal or communicate directly with the Borrower in connection with any defeasance.

Appears in 5 contracts

Samples: Primary Servicing Agreement (COMM 2014-Ccre14 Mortgage Trust), Primary Servicing Agreement (COMM 2013-Ccre13 Mortgage Trust), Primary Servicing Agreement (COMM 2013-Ccre13 Mortgage Trust)

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is not incorporated herein. Notwithstanding anything herein to the contrary, the Primary Servicer shall not take any action with respect to any assumption, transfer or other action contemplated by Section 3.09 of the Pooling and Servicing Agreement unless the Primary Servicer has confirmed with the Master Servicer that the Master Servicer is either obligated to process or that the Master Servicer and Special Servicer have mutually agreed that the Master Servicer shall process such request pursuant to Section 3.09 of the Pooling and Servicing Agreement. Following such confirmation, the Primary Servicer will not permit or consent to any assumption, transfer or other action contemplated by Section 3.09 of the Pooling and Servicing Agreement without the prior written consent of the Master Servicer. With respect to any such proposed action, the Primary Servicer shall perform and forward to the Master Servicer any analysis, recommendation or other information requested by the Master Servicer under Section 3.09 of the Pooling and Servicing Agreement. The Master Servicer, not the Primary Servicer, will deal directly with the Special Servicer and the Directing Holder in connection with obtaining any necessary approval or consent from the Special ServicerServicer or the Directing Holder. If the Primary Servicer shall process any such assumption, transfer or other action and the Master Servicer consents to such transaction, the Primary Servicer shall process, document and close such transaction. Section 3.09(d) of the Pooling and Servicing Agreement is not incorporated herein. The Primary Servicer shall promptly provide copies of any waivers it effects pursuant to this Section to the Master Servicer and the Master Servicer will provide notice or copies to the 17g-5 Information Provider and Rating Agencies to the extent required by the Pooling and Servicing Agreement. Section 3.09(g) of the Pooling and Servicing Agreement is not incorporated herein. The Primary Servicer shall promptly forward all requests for defeasance to the Master Servicer. The Master Servicer will deal or communicate directly with the Borrower in connection with any defeasance.

Appears in 1 contract

Samples: Primary Servicing Agreement (COMM 2014-Ubs3 Mortgage Trust)

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is not incorporated herein. Notwithstanding anything herein to the contrary, the Primary Servicer will not permit or consent to any assumption, defeasance, transfer or other action contemplated by Section 3.09 of the Pooling and Servicing Agreement without the prior written consent of the Master Servicer. With respect to any such proposed action, the Primary Servicer shall perform and forward to the Master Servicer any analysis, recommendation or other information requested by the Master Servicer under Section 3.09 of the Pooling and Servicing Agreement. The Master Servicer, not the Primary Servicer, will deal directly with the Special Servicer and the Directing Holder in connection with obtaining any necessary approval or consent from the Special ServicerServicer or the Directing Holder. If the Master Servicer consents to such transaction, the Primary Servicer shall process, document and close such transaction. Section 3.09(d) of the Pooling and Servicing Agreement is not incorporated herein. The Primary Servicer shall promptly provide copies of any waivers it effects pursuant to this Section to the Master Servicer and the Master Servicer will provide notice or copies to the 17g-5 Information Provider and Rating Agencies to the extent required by the Pooling and Servicing Agreement. Section 3.09(g) of the Pooling and Servicing Agreement is not incorporated herein. The Primary Servicer shall promptly forward all requests for defeasance to the Master Servicer. The Master Servicer will deal or communicate directly with the Borrower in connection with any defeasance.

Appears in 1 contract

Samples: Primary Servicing Agreement (COMM 2015-Ccre25 Mortgage Trust)

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