Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President BBCMS 2024-5C25 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15, 2024. Certificates: BBCMS Mortgage Trust 2024-5C25, Commercial Mortgage Pass-Through Certificates, Series 2024-5C25 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 $821,000 $0 $0 $0 $0 $0 $0 $0 $0 5.48900% 99.99974% Class A-3 $619,650,000 $614,100,000 $0 $0 $0 $0 $0 $0 $2,500,000 $3,050,000 5.94600% 102.99869% Class X-A $620,471,000(2) $620,471,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.43111% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.56803% Class A-S $96,395,000 $96,395,000 $0 $0 $0 $0 $0 $0 $0 $0 6.35800% 102.99710% Class B $43,211,000 $43,211,000 $0 $0 $0 $0 $0 $0 $0 $0 6.15100% 99.99713% Class C $32,132,000 $32,132,000 $0 $0 $0 $0 $0 $0 $0 $0 6.64300% 99.99634%
Appears in 2 contracts
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2024-5c25), Underwriting Agreement (BBCMS Mortgage Trust 2024-5c25)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement Chief Executive Officer BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory Officer BBCMS 20242020-5C25 – C6 - Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Cappuccino Name: Xxxxxx Xxxxxx Cappuccino Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement Vice President XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Ivcil Name: Xxxxxx X. Xxxxx Ivcil Title: President MD XXXXXX XXXXXXXX, LLC By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: Director BBCMS 20242020-5C25 – C6 - Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15January 30, 20242020. Certificates: BBCMS Mortgage Trust 20242020-5C25C6, Commercial Mortgage Pass-Through Certificates, Series 20242020-5C25 C6 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, Inc. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 14,352,000 $821,000 14,352,000 $0 $0 $0 1.80600% 99.9990% Class A-2 $88,400,000 $88,400,000 $0 $0 $0 $0 $0 5.489002.69000% 99.99974102.9975% Class A-3 $619,650,000 208,000,000 $614,100,000 208,000,000 $0 $0 $0 2.39000% 100.9950% Class A-SB $26,810,000 $26,810,000 $0 $0 $0 2.59500% 102.9949% Class A-4 $2,500,000 278,300,000 $3,050,000 5.94600278,300,000 $0 $0 $0 2.63900% 102.99869102.9995% Class X-A $620,471,000(2615,862,000 (2) $620,471,000(2615,862,000 (2) $0(20 (2) $0(20 (2) $0(20 (2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.06037% 5.040798.5035% Class X-B $171,738,000(2177,060,000 (2) $171,738,000(2177,060,000 (2) $0(20 (2) $0(20 (2) $0(20 (2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017270.67892% 3.568036.3632% Class A-S $96,395,000 105,576,000 $96,395,000 105,576,000 $0 $0 $0 2.84000% 102.9914% Class B $37,392,000 $37,392,000 $0 $0 $0 $0 $0 6.358003.04300% 102.99710102.9990% Class B C $43,211,000 34,092,000 $43,211,000 34,092,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151003.04500% 99.99713% Class C $32,132,000 $32,132,000 $0 $0 $0 $0 $0 $0 $0 $0 6.64300% 99.9963499.9985%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2020-C6)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President Chief Executive Officer BBCMS 20242023-5C25 C22 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 20242023-5C25 C22 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxxxxxxxx Xxxxx Xxxxxxx Name: Xxxxxxxxxxx Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 20242023-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 C22 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 20242023-5C25 C22 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 20242023-5C25 C22 – Underwriting Agreement XXXXXX XXXXXXXXSG AMERICAS SECURITIES, LLC By: /s/ Xxxxx Xxxx Xxx Xxxxxxx Name: Xxxxx Xxxx Xxx Xxxxxxx Title: VP of Securitized Products Director BBCMS 20242023-5C25 C22 – Underwriting Agreement XXXXXXXX CAPITALBOFA SECURITIES, LLC INC. By: /s/ Xxxxxx X. Xxxxx Xxxxx, III Name: Xxxxxx X. Xxxxx, III Title: Managing Director BBCMS 2023-C22 – Underwriting Agreement ACADEMY SECURITIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Chief Compliance Officer BBCMS 2023-C22 – Underwriting Agreement XXXXXXXX FINANCIAL GROUP, INC. By: /s/ Xxxxx X Xxxxxx Name: Xxxxx X Xxxxxx Title: President BBCMS 20242023-5C25 C22 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15October 19, 20242023. Certificates: BBCMS Mortgage Trust 20242023-5C25C22, Commercial Mortgage Pass-Through Certificates, Series 20242023-5C25 C22 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets BofA Securities, Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx XxxxxxxxAcademy Securities, LLC Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx CapitalFinancial Group, LLC Inc. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 2,760,000 $821,000 2,760,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489006.36200% 99.9997499.99969% Class A-3 A-2 $619,650,000 13,200,000 $614,100,000 13,200,000 $0 $0 $0 $0 $0 $0 6.72800% 99.99899% Class A-4 $2,500,000 106,000,000 $3,050,000 5.94600106,000,000 $0 $0 $0 $0 $0 $0 6.52100% 102.99869100.99874% Class A-5 $356,170,000 $356,170,000 $0 $0 $0 $0 $0 $0 6.80400% 102.99724% Class A-SB $6,826,000 $6,826,000 $0 $0 $0 $0 $0 $0 7.04800% 102.99518% Class X-A $620,471,000(2484,956,000(2) $620,471,000(2484,956,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.38514% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.568033.10443% Class A-S $96,395,000 82,269,000 $96,395,000 82,269,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358007.12613% 102.99710103.14973% Class B $43,211,000 32,042,000 $43,211,000 32,042,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151007.12613% 99.99713100.67816% Class C $32,132,000 20,784,000 $32,132,000 20,784,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643007.12613% 99.9963490.91704%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2023-C22)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxx Xxxxxxx Name: Xxxxxx Xxxxx Xxxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory Officer BBCMS 20242022-5C25 C14 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Xxxxxx Xxxxxx Name: Xxxxx Xxxxxxx Xxxxxx Xxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. NATIXIS SECURITIES AMERICAS LLC By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director By: /s/ Xxxxxxx Xxx Name: Xxxxxxx Xxx Title: Vice President BBCMS 20242022-5C25 C14 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, UBS SECURITIES LLC By: /s/ Xxxxxx X. Xxxxx Xxxx Name: Xxxxxx Xxxx Title: Associate Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Executive Director ACADEMY SECURITIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Chief Compliance Officer XXXXXXXX FINANCIAL GROUP, INC. By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President BBCMS 20242022-5C25 C14 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15February 2, 20242022. Certificates: BBCMS Mortgage Trust 20242022-5C25C14, Commercial Mortgage Pass-Through Certificates, Series 20242022-5C25 C14 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Natixis Securities Americas LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Academy Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx XxxxxxxxXxxxxxxx Financial Group, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Inc. Initial Pass-Pass- Through Rate Purchase Price(1) Class A-1 $821,000 35,295,000 $821,000 29,695,000 $0 $0 $0 $2,800,000 $2,800,000 1.72700% 99.9985% Class A-2 $99,000,000 $99,000,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489002.93800% 99.99974102.9978% Class A-3 $619,650,000 50,000,000 $614,100,000 50,000,000 $0 $0 $0 $0 $0 2.96600% 102.9990% Class A-4 $160,000,000 $160,000,000 $0 $2,500,000 0 $3,050,000 5.946000 $0 $0 2.69200% 102.99869100.9935% Class A-5 $258,250,000 $258,250,000 $0 $0 $0 $0 $0 2.94600% 102.9931% Class A-SB $46,212,000 $46,212,000 $0 $0 $0 $0 $0 2.90100% 102.9991% Class X-A $620,471,000(2648,757,000(2) $620,471,000(2648,757,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.74024% 5.040795.4707% Class X-B $171,738,000(2166,823,000(2) $171,738,000(2166,823,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017270.25598% 3.568032.9429% Class A-S $96,395,000 97,314,000 $96,395,000 97,314,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358003.35000% 102.99710102.9962% Class B $43,211,000 41,706,000 $43,211,000 41,706,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151003.14700% 99.9971399.9985% Class C $32,132,000 27,803,000 $32,132,000 27,803,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643003.34500% 99.9963499.9939%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2022-C14)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Underwriters Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Dxxxxx Xxxxxx Xxxxxxx Name: Dxxxxx Xxxxxx Xxxxxxx Title: Vice President CEO BBCMS 20242023-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 2024-5C25 C19 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Lxxxx Xxxxxxx Name: Xxxxx Lxxxx Xxxxxxx Title: Authorized Signatory BBCMS 20242023-5C25 C19 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Sxxxxxx Xxxxx Name: Sxxxxxx Xxxxx Title: Officer BBCMS 2023-C19 – Underwriting Agreement BXXXXXXX CAPITAL, LLC By: /s/ Cxxxxxx X. Xxxxx Name: Cxxxxxx X. Xxxxx Title: CCO BBCMS 2023-C19 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Mxxxxxx Xxxxxxxxxxx Name: Mxxxxxx Xxxxxxxxxxx Title: Managing Director BBCMS 2023-C19 – Underwriting Agreement DXXXXX XXXXXXXX, LLC By: /s/ Sxxxx Xxxx Name: Sxxxx Xxxx Title: VP of Securitized Products BBCMS 2023-C19 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Wxxxxx Xxxxxx Name: Wxxxxx Xxxxxx Title: Managing Director BBCMS 2023-C19 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Mxxx Xxxxx Name: Xxxx Mxxx Xxxxx Title: Director By: /s/ XxxxxxRxxxxx-Xxxxxxxxxxx Xxxxx Name: XxxxxxRxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 20242023-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 C19 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Jxx Xxxxxxx Name: Xxx Jxx Xxxxxxx Title: Director BBCMS 20242023-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President BBCMS 2024-5C25 C19 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15April 10, 20242023. Certificates: BBCMS Mortgage Trust 20242023-5C25C19, Commercial Mortgage Pass-Through Certificates, Series 20242023-5C25 C19 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global BMO Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Dxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Bxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 5,251,000 $821,000 5,251,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489005.69800% 99.9997499.99995% Class A-3 A-2A $619,650,000 120,000,000 $614,100,000 120,000,000 $0 $0 $0 $0 $0 $0 5.75600% 100.99828% Class A-2B $2,500,000 176,000,000 $3,050,000 5.94600176,000,000 $0 $0 $0 $0 $0 $0 5.75300% 102.99869100.99609% Class A-5 $287,500,000 $280,755,000 $0 $0 $0 $0 $0 $6,745,000 5.45100% 102.99849% Class A-SB $5,800,000 $5,800,000 $0 $0 $0 $0 $0 $0 5.70000% 102.99527% Class X-A $620,471,000(2594,551,000(2) $620,471,000(2594,551,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.77874% 5.040795.03896% Class X-B $171,738,000(2140,144,000(2) $171,738,000(2140,144,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017270.24150% 3.568032.41612% Class A-S $96,395,000 100,861,000 $96,395,000 100,861,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358006.07000% 102.99710102.99349% Class B $43,211,000 39,283,000 $43,211,000 39,283,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151006.33331% 99.9971399.99598% Class C $32,132,000 33,974,000 $32,132,000 33,974,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643006.38531% 99.9963491.24470%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2023-C19)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Lxxxx Xxxxxxx Name: Xxxxxx Lxxxx Xxxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Sxxxxxx Xxxxx Name: Xxxxxxx Sxxxxxx Xxxxx Title: Authorized Signatory Officer BBCMS 20242021-5C25 C9 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Dxxxxx Xxxxxx Name: Xxxxx Xxxxxxx Dxxxxx Xxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Jxx Xxxxxxx Name: Xxx Jxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Axxxxx Xxxxx Name: Xxxxxx Xxxxxx Axxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement XXXXXXXX BXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx Sxxxxx X. Xxxxx Name: Xxxxxx Sxxxxx X. Xxxxx Title: President Managing Director ACADEMY SECURITIES, INC. By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Chief Compliance Officer BBCMS 20242021-5C25 C9 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15February 17, 20242021. Certificates: BBCMS Mortgage Trust 20242021-5C25C9, Commercial Mortgage Pass-Through Certificates, Series 20242021-5C25 C9 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx XxxxxxxxBxxxxxxx Capital, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx CapitalAcademy Securities, LLC Inc. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 25,700,000 $821,000 24,200,000 $0 $0 $750,000 $750,000 0.488000% 99.9986% Class A-2 $4,500,000 $4,500,000 $0 $0 $0 $0 1.846000% 102.9981% Class A-4 $210,000,000 $210,000,000 $0 $0 $0 $0 5.489002.021000% 99.99974100.9945% Class A-3 A-5 $619,650,000 281,000,000 $614,100,000 280,500,000 $0 $0 $500,000 $0 2.299000% 102.9996% Class A-SB $34,474,000 $34,474,000 $0 $0 $0 $0 $0 $0 $2,500,000 $3,050,000 5.946001.960000% 102.99869102.9994% Class X-A $620,471,000(2555,674,000(2) $620,471,000(2555,674,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.771054% 5.0407912.9492% Class X-B $171,738,000(2136,934,000(2) $171,738,000(2136,934,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017271.119908% 3.568038.9504% Class A-S $96,395,000 66,482,000 $96,395,000 53,000,000 $0 $13,482,000 $0 $0 2.534000% 102.9928% Class B $36,714,000 $36,714,000 $0 $0 $0 $0 2.686000% 102.9950% Class C $33,738,000 $33,738,000 $0 $0 $0 $0 6.358003.191000% 102.99710% Class B $43,211,000 $43,211,000 $0 $0 $0 $0 $0 $0 $0 $0 6.15100% 99.99713% Class C $32,132,000 $32,132,000 $0 $0 $0 $0 $0 $0 $0 $0 6.64300% 99.99634102.9924%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2021-C9)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Lxxxx Xxxxxxx Name: Xxxxxx Lxxxx Xxxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Sxxxxxx Xxxxx Name: Xxxxxxx Sxxxxxx Xxxxx Title: Authorized Signatory Officer BBCMS 20242021-5C25 C10 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Dxxxxx Xxxxxx Name: Xxxxx Xxxxxxx Dxxxxx Xxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Jxx Xxxxxxx Name: Xxx Jxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Axxxxx Xxxxx Name: Xxxxxx Xxxxxx Axxxxx Xxxxx Title: Managing Director UBS SECURITIES LLC By: /s/ Axxxxx Xxxx Name: Axxxxx Xxxx Title: Associate Director By: /s/ Nxxxxxxx Xxxxxxx Name: Nxxxxxxx Xxxxxxx Title: Executive Director BBCMS 20242021-5C25 C10 – Underwriting Agreement XXXXXX BXXXXXXX CAPITAL, LLC By: /s/ Sxxxxx X. Xxxxx Name: Sxxxxx X. Xxxxx Title: Managing Director DXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Sxxxx Xxxx Name: Xxxxx Sxxxx Xxxx Title: VP of Securitized Products BBCMS 20242021-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President BBCMS 2024-5C25 C10 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15June 25, 20242021. Certificates: BBCMS Mortgage Trust 20242021-5C25C10, Commercial Mortgage Pass-Through Certificates, Series 20242021-5C25 C10 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas SecuritiesBxxxxxxx Capital, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Dxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 23,478,000 $821,000 20,978,000 $0 $0 $0 $0 $2,500,000 0.77000% 99.9981% Class A-2 $24,100,000 $18,600,000 $0 $0 $5,500,000 $0 $0 2.07100% 102.9978% Class A-5 $480,300,000 $468,300,000 $0 $0 $2,000,000 $0 $10,000,000 2.49200% 102.9980% Class A-SB $40,774,000 $40,774,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489002.26800% 99.99974% Class A-3 $619,650,000 $614,100,000 $0 $0 $0 $0 $0 $0 $2,500,000 $3,050,000 5.94600% 102.99869102.9955% Class X-A $620,471,000(2568,652,000(2) $620,471,000(2432,650,000(2) $136,002,000(2) $0(2) $0(2) $0(2) $0(2) 1.43394% 10.0575% Class X-B $146,225,000(2) $146,225,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.14569% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.568039.1445% Class A-S $96,395,000 75,144,000 $96,395,000 75,144,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358002.68400% 102.99710102.9969% Class B $43,211,000 35,540,000 $43,211,000 35,540,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151002.49200% 99.9971399.9919% Class C $32,132,000 35,541,000 $32,132,000 35,541,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643002.84000% 99.9963499.9928%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2021-C10)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Dxxxxx Xxxxxx Xxxxxxx Name: Dxxxxx Xxxxxx Xxxxxxx Title: Vice President Authorized Signatory BBCMS 20242023-5C25 5C23 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Sxxxxxx Xxxxx Name: Xxxxxxx Sxxxxxx Xxxxx Title: Authorized Signatory BBCMS 20242023-5C25 5C23 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Lxxxx Xxxxxxx Name: Xxxxx Lxxxx Xxxxxxx Title: Authorized Signatory BBCMS 20242023-5C25 5C23 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Jxx Xxxxxxx Name: Jxx Xxxxxxx Title: Director BBCMS 2023-5C23 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Nxxxxxxx Xxxxxxx Name: Nxxxxxxx Xxxxxxx Title: Managing Director By: /s/ Axxxxx Xxxx Name: Axxxxx Xxxx Title: Director BBCMS 2023-5C23 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Dxxxx Xxxxxx Name: Dxxxx Xxxxxx Title: Managing Director BBCMS 2023-5C23 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Mxxx Xxxxx Name: Xxxx Mxxx Xxxxx Title: Director By: /s/ XxxxxxRxxxxx-Xxxxxxxxxxx Xxxxx Name: XxxxxxRxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 20242023-5C25 5C23 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX DXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Sxxxx Xxxx Name: Xxxxx Sxxxx Xxxx Title: VP of Securitized Products BBCMS 20242023-5C25 5C23 – Underwriting Agreement XXXXXXXX BXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx Sxxxxx X. Xxxxx Name: Xxxxxx Sxxxxx X. Xxxxx Title: President BBCMS 20242023-5C25 5C23 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15November 16, 20242023. Certificates: BBCMS Mortgage Trust 20242023-5C255C23, Commercial Mortgage Pass-Through Certificates, Series 20242023-5C25 5C23 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Dxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Bxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 A-2 $821,000 107,017,000 $821,000 95,017,000 $0 $0 $0 $0 $1,000,000 $11,000,000 6.19800% 100.99738% Class A-3 $397,907,000 $397,907,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489006.67500% 99.99974% Class A-3 $619,650,000 $614,100,000 $0 $0 $0 $0 $0 $0 $2,500,000 $3,050,000 5.94600% 102.99869102.99865% Class X-A $620,471,000(2504,924,000(2) $620,471,000(2504,924,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.12930% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.568033.76384% Class A-S $96,395,000 71,230,000 $96,395,000 71,230,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358007.70320% 102.99710103.01703% Class B $43,211,000 38,771,000 $43,211,000 38,771,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151007.70320% 99.99713100.56524% Class C $32,132,000 28,853,000 $32,132,000 28,853,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643007.70320% 99.9963492.71550%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2023-5c23)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxx Xxxxxxx Name: Xxxxxx Xxxxx Xxxxxxx Title: Vice President Authorized Signatory BBCMS 2024-5C25 C26 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 2024-5C25 C26 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Xxxxxx Xxxxxx Name: Xxxxx Xxxxxxx Xxxxxx Xxxxxx Title: Authorized Signatory BBCMS 2024-5C25 C26 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-C26 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-C26 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-C26 – Underwriting Agreement BOFA SECURITIES, INC. By: /s/ Xxxxxx X. Xxxxx, III Name: Xxxxxx X. Xxxxx, III Title: Managing Director BBCMS 2024-C26 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 C26 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 C26 – Underwriting Agreement ACADEMY SECURITIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Chief Compliance Officer BBCMS 2024-C26 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President BBCMS 2024-5C25 C26 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15May 9, 2024. Certificates: BBCMS Mortgage Trust 2024-5C25C26, Commercial Mortgage Pass-Through Certificates, Series 2024-5C25 C26 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BofA Securities, Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Academy Securities, Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 7,000,000 $821,000 7,000,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489005.59400% 99.9997499.99832% Class A-3 A-2 $619,650,000 15,000,000 $614,100,000 15,000,000 $0 $0 $0 $0 $0 $0 $2,500,000 0 $3,050,000 5.946000 6.67600% 102.99869102.99617% Class A-4 $50,000,000 $49,000,000 $0 $0 $0 $0 $0 $0 $0 $1,000,000 5.54900% 100.99498% Class A-5 $484,700,000 $482,700,000 $0 $0 $0 $0 $0 $0 $2,000,000 $0 5.82900% 102.99430% Class A-SB $10,497,000 $10,497,000 $0 $0 $0 $0 $0 $0 $0 $0 5.99000% 102.99974% Class X-A $620,471,000(2567,197,000(2) $620,471,000(2567,197,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.24209% 5.040797.79851% Class X-B $171,738,000(2156,993,000(2) $171,738,000(2156,993,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017271.03400% 3.568036.63837% Class A-S $96,395,000 84,067,000 $96,395,000 82,067,000 $0 $2,000,000 $0 $0 $0 $0 $0 $0 6.09400% 102.99410% Class B $42,540,000 $42,040,000 $0 $500,000 $0 $0 $0 $0 $0 $0 5.94300% 99.99311% Class C $30,386,000 $30,386,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358006.00000% 102.99710% Class B $43,211,000 $43,211,000 $0 $0 $0 $0 $0 $0 $0 $0 6.15100% 99.99713% Class C $32,132,000 $32,132,000 $0 $0 $0 $0 $0 $0 $0 $0 6.64300% 99.9963496.81842%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2024-C26)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Daniel Schmidt Name: Xxxxxx Xxxxxxx Daniel Schmidt Title: Vice President BBCMS BBCM 2024-5C25 5C29 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Spencer Kagan Name: Xxxxxxx Xxxxx Spencer Kagan Title: Authorized Signatory BBCMS BBCM 2024-5C25 5C29 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Larry Kravetz Name: Xxxxx Xxxxxxx Larry Kravetz Title: Authorized Signatory BBCMS BBCM 2024-5C25 5C29 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Jim Barnard Name: Jim Barnard Title: Director BBCM 2024-5C29 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ David Schell Name: David Schell Title: Managing Director BBCM 2024-5C29 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Robert-Christopher Jones Name: Xxxx Xxxxx Robert-Christopher Jones Title: Managing Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Matt Smith Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Matt Smith Title: Director BBCMS BBCM 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 5C29 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Warren Geiger Name: Xxxxxx Xxxxxx Warren Geiger Title: Managing Director BBCMS BBCM 2024-5C25 5C29 – Underwriting Agreement XXXXXX XXXXXXXXUBS SECURITIES LLC By: /s/ Andrew Lisa Name: Andrew Lisa Title: Director By: /s/ Racquel Small Name: Racquel Small Title: Executive Director BBCM 2024-5C29 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/ Richard Simpson Name: Richard Simpson Title: Authorized Signatory BBCM 2024-5C29 – Underwriting Agreement ACADEMY SECURITIES, INC. By: /s/ Michael Boyd Name: Michael Boyd Title: Chief Compliance Officer BBCM 2024-5C29 – Underwriting Agreement DREXEL HAMILTON, LLC By: /s/ Xxxxx Xxxx Sunny Wong Name: Xxxxx Xxxx Sunny Wong Title: VP of Securitized Products BBCMS BBCM 2024-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President BBCMS 2024-5C25 5C29 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15September 16, 2024. Certificates: BBCMS Mortgage Trust 2024-5C255C29, Commercial Mortgage Pass-Through Certificates, Series 2024-5C25 5C29 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx CapitalCitigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Academy Securities, Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Drexel Hamilton, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 5,185,000 $821,000 5,185,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489004.39800% 99.9997499.99919% Class A-3 A-2 $619,650,000 205,825,000 $614,100,000 205,825,000 $0 $0 $0 $0 $0 $0 $2,500,000 0 $3,050,000 5.946000 4.73800% 102.99869100.99683% Class A-3 $534,775,000 $534,775,000 $0 $0 $0 $0 $0 $0 $0 $0 5.20800% 102.99635% Class X-A $620,471,000(2745,785,000(2) $620,471,000(2745,785,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.60022% 5.040796.82031% Class X-B $171,738,000(2215,744,000(2) $171,738,000(2215,744,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017271.01157% 3.568034.71958% Class A-S $96,395,000 127,848,000 $96,395,000 126,848,000 $0 $1,000,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358005.62700% 102.99710102.99869% Class B $43,211,000 50,607,000 $43,211,000 50,107,000 $0 $500,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151005.85800% 99.99713102.99738% Class C $32,132,000 37,289,000 $32,132,000 36,289,000 $0 $1,000,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643005.51200% 99.9963499.99593%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2024-5c29)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxx Xxxxxxx Name: Xxxxxx Xxxxx Xxxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory Officer BBCMS 20242021-5C25 C12 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Xxxxxx Xxxxxx Name: Xxxxx Xxxxxxx Xxxxxx Xxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Managing Director BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 20242021-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 C12 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 20242021-5C25 C12 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15November 17, 20242021. Certificates: BBCMS Mortgage Trust 20242021-5C25C12, Commercial Mortgage Pass-Through Certificates, Series 20242021-5C25 C12 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Xxxxxxxx Capital, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 13,880,000 $821,000 10,380,000 $0 $0 $3,500,000 $0 $0 1.27300% 99.9979% Class A-2 $112,570,000 $110,070,000 $0 $2,500,000 $0 $0 $0 2.54100% 102.9991% Class A-3 $10,510,000 $10,510,000 $0 $0 $0 $0 $0 2.18400% 99.9968% Class A-4 $132,000,000 $112,000,000 $0 $20,000,000 $0 $0 $0 5.489002.42100% 99.99974100.9962% Class A-3 A-5 $619,650,000 418,700,000 $614,100,000 385,700,000 $0 $25,000,000 $0 $0 $8,000,000 2.68900% 102.9929% Class A-SB $37,406,000 $37,406,000 $0 $0 $0 $0 $0 $0 $2,500,000 $3,050,000 5.946002.54200% 102.99869102.9932% Class X-A $620,471,000(2725,066,000(2) $620,471,000(2725,066,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.95972% 5.040797.3872% Class X-B $171,738,000(2179,972,000(2) $171,738,000(2179,972,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017270.59497% 3.568035.6361% Class A-S $96,395,000 86,749,000 $96,395,000 86,749,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358002.90200% 102.99710102.9936% Class B $43,211,000 47,906,000 $43,211,000 47,906,000 $0 $0 $0 $0 $0 2.75800% 99.9948% Class C $45,317,000 $35,317,000 $0 $10,000,000 $0 $0 $0 6.151003.20500% 99.99713% Class C $32,132,000 $32,132,000 $0 $0 $0 $0 $0 $0 $0 $0 6.64300% 99.9963499.9967%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2021-C12)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement Chief Executive Officer BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory Officer BBCMS 20242020-5C25 – C7 - Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Managing Director NATIXIS SECURITIES AMERICAS LLC By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Xxxxxx Xxxxxx Name: Xxxxx Xxxx Xxxxxx Xxxxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement Vice President XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President MD BBCMS 20242020-5C25 – C7 - Underwriting Agreement ACADEMY SECURITIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Chief Compliance Officer BBCMS 2020-C7 - Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15June 12, 20242020. Certificates: BBCMS Mortgage Trust 20242020-5C25C7, Commercial Mortgage Pass-Through Certificates, Series 20242020-5C25 C7 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, Natixis Securities Americas LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Academy Securities, Inc. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 13,198,000 $821,000 12,698,000 $0 $0 $0 $250,000 $250,000 1.07900% 99.9975% Class A-2 $115,000,000 $114,500,000 $0 $0 $0 $500,000 $0 2.02100% 102.9965% Class A-3 $38,000,000 $38,000,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489002.00700% 99.99974102.9991% Class A-3 A-4 $619,650,000 75,000,000 $614,100,000 75,000,000 $0 $0 $0 $0 $0 1.78600% 100.9946% Class A-5 $270,000,000 $270,000,000 $0 $2,500,000 0 $3,050,000 5.946000 $0 $0 2.03700% 102.99869102.9948% Class A-SB $26,000,000 $26,000,000 $0 $0 $0 $0 $0 2.02900% 102.9935% Class X-A $620,471,000(2537,198,000(2) $620,471,000(2537,198,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.63287% 5.0407911.2682% Class X-B $171,738,000(2117,992,000(2) $171,738,000(2117,992,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017270.98868% 3.568038.4632% Class A-S $96,395,000 89,214,000 $96,395,000 89,214,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358002.44400% 102.99710102.9966% Class B $43,211,000 28,778,000 $43,211,000 28,778,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151003.15200% 99.99713102.9975% Class C $32,132,000 28,779,000 $32,132,000 28,779,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643003.60536% 99.9963499.1367%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2020-C7)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President CEO BBCMS 2024-5C25 5C27 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 2024-5C25 5C27 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 5C27 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C27 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Racquel small Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C27 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C27 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 5C27 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s//s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 5C27 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 5C27 – Underwriting Agreement XXXXXX XXXXXXXXACADEMY SECURITIES, LLC INC. By: /s/ Xxxxx Xxxxxxx Xxxx Name: Xxxxx Xxxxxxx Xxxx Title: VP of Securitized Products Chief Compliance Officer BBCMS 2024-5C25 5C27 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President MD BBCMS 2024-5C25 5C27 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15June 21, 2024. Certificates: BBCMS Mortgage Trust 2024-5C255C27, Commercial Mortgage Pass-Through Certificates, Series 2024-5C25 5C27 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Academy Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 2,891,000 $821,000 2,891,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489005.50200% 99.9997499.99801% Class A-3 A-2 $619,650,000 103,853,000 $614,100,000 103,853,000 $0 $0 $0 $0 $0 $0 $2,500,000 0 $3,050,000 5.946000 5.55000% 102.99869100.99822% Class A-3 $453,847,000 $453,847,000 $0 $0 $0 $0 $0 $0 $0 $0 6.01400% 102.99726% Class X-A B $620,471,000(2165,174,000(2) $620,471,000(2165,174,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.43888% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.568031.29260% Class A-S $96,395,000 97,102,000 $96,395,000 97,102,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358006.41000% 102.99710102.99727% Class B $43,211,000 37,039,000 $43,211,000 37,039,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151006.70000% 99.99713102.95133% Class C $32,132,000 31,033,000 $32,132,000 31,033,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643006.70000% 99.99634100.86128%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2024-5c27)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President Chief Executive Officer BBCMS 20242019-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 2024-5C25 C5 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Officer BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Managing Director – Group Head NATIXIS SECURITIES AMERICAS LLC By: /s/ Xxxxxx XxxXxxxxx Name: Xxxxxx XxxXxxxxx Title: Vice President By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 20242019-5C25 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 C5 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President MD ACADEMY SECURITIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Chief Compliance Officer BBCMS 20242019-5C25 C5 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15November 5, 20242019. Certificates: BBCMS Mortgage Trust 20242019-5C25C5, Commercial Mortgage Pass-Through Certificates, Series 20242019-5C25 C5 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, Natixis Securities Americas LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Academy Securities, Inc. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 21,460,000 $821,000 21,460,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489002.0940% 99.9997499.9999% Class A-3 A-2 $619,650,000 86,300,000 $614,100,000 86,300,000 $0 $0 $0 $0 $0 $0 $2,500,000 $3,050,000 5.946003.0430% 102.99869102.9961% Class X-A A-3 $620,471,000(2) 187,000,000 $620,471,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.43111% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.56803% Class A-S $96,395,000 $96,395,000 187,000,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358002.8050% 102.99710100.9920% Class B A-SB $43,211,000 30,830,000 $43,211,000 30,830,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151002.9900% 99.99713102.9986% Class C A-4 $32,132,000 349,400,000 $32,132,000 349,400,000 $0 $0 $0 $0 $0 3.0630% 102.9972% Class X-A $674,990,000 (2) $674,990,000 (2) $0 (2) $0 (2) $0 (2) $0 (2) $0 (2) 0.8965% 6.6189% Class X-B $174,774,000 (2) $174,774,000 (2) $0 (2) $0 (2) $0 (2) $0 (2) $0 (2) 0.3717% 3.1939% Class A-S $94,017,000 $94,017,000 $0 $0 $0 6.64300$0 $0 3.3660% 99.99634102.9992% Class B $40,981,000 $40,981,000 $0 $0 $0 $0 $0 3.5170% 102.9982% Class C $39,776,000 $39,776,000 $0 $0 $0 $0 $0 3.7100% 99.9993%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2019-C5)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Lxxxx Xxxxxxx Name: Xxxxxx Lxxxx Xxxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Sxxxxxx Xxxxx Name: Xxxxxxx Sxxxxxx Xxxxx Title: Authorized Signatory Officer BBCMS 20242022-5C25 C15 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Dxxxxx Xxxxxx Name: Xxxxx Xxxxxxx Dxxxxx Xxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Jxx Xxxxxxx Name: Xxx Jxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Wxxxxx Xxxxxx Name: Wxxxxx Xxxxxx Title: Managing Director BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Dxxxx Xxxxxx Name: Xxxxx Dxxxx Xxxxxx Title: Managing Director BBCMS 20242022-5C25 C15 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. BXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx Xxxxxx Sxxxxx X. Xxxxx Name: Xxxxxx Xxxxxx Sxxxxx X. Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement XXXXXX President DXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Sxxxx Xxxx Name: Xxxxx Sxxxx Xxxx Title: VP of Securitized Products BBCMS 20242022-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President BBCMS 2024-5C25 C15 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 1523, 20242022. Certificates: BBCMS Mortgage Trust 20242022-5C25C15, Commercial Mortgage Pass-Through Certificates, Series 20242022-5C25 C15 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx XxxxxxxxBxxxxxxx Capital, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx CapitalDxxxxx Xxxxxxxx, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 12,900,000 $821,000 12,900,000 $0 $0 $0 $0 $0 2.89000% 99.9980% Class A-2 $75,600,000 $74,200,000 $0 $0 $0 5.48900$700,000 $700,000 3.61000% 99.99974101.9971% Class A-3 $619,650,000 87,800,000 $614,100,000 87,800,000 $0 $0 $0 $0 $0 3.75200% 101.9989% Class A-4 $125,000,000 $125,000,000 $0 $2,500,000 0 $3,050,000 5.946000 $0 $0 3.52400% 102.99869100.9999% Class A-5 $372,300,000 $370,050,000 $0 $0 $0 $0 $2,250,000 3.66200% 101.9926% Class A-SB $23,405,000 $23,405,000 $0 $0 $0 $0 $0 3.68400% 101.9957% Class X-A $620,471,000(2697,005,000(2) $620,471,000(2697,005,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.20208% 5.040792.1083% Class X-B $171,738,000(2182,964,000(2) $171,738,000(2182,964,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017270.06109% 3.568031.2407% Class A-S $96,395,000 94,593,000 $96,395,000 89,093,000 $0 $0 $0 $5,500,000 $0 3.75200% 100.6878% Class B $46,053,000 $46,053,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358003.75200% 102.9971099.6251% Class B C $43,211,000 42,318,000 $43,211,000 42,318,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151003.83148% 99.99713% Class C $32,132,000 $32,132,000 $0 $0 $0 $0 $0 $0 $0 $0 6.64300% 99.9963497.6575%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2022-C15)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President BBCMS 2024-5C25 – Underwriting Agreement Chief Executive Officer BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 20242023-5C25 C21 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Xxxxxxx X. Xxxxxxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Xxxxxxx X. Xxxxxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s//s/ Xxxxxxx X Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 20242023-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 C21 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Securtized Products BBCMS 2024-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx Xxxxx X. Xxxxx Name: Xxxxxx Xxxxx X. Xxxxx Title: President Managing Director BBCMS 20242023-5C25 C21 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March September 15, 20242023. Certificates: BBCMS Mortgage Trust 20242023-5C25C21, Commercial Mortgage Pass-Through Certificates, Series 20242023-5C25 C21 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 1,970,000 $821,000 1,970,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489006.05000% 99.9997499.91313% Class A-3 A-2 $619,650,000 100,130,000 $614,100,000 100,130,000 $0 $0 $0 $0 $0 6.50606% 101.11530% Class A-3 $59,700,000 $59,700,000 $0 $2,500,000 0 $3,050,000 5.946000 $0 $0 6.50606% 102.99869101.72438% Class A-5 $310,590,000 $306,890,000 $0 $0 $0 $0 $3,700,000 6.00000% 102.53508% Class A-SB $3,092,000 $3,092,000 $0 $0 $0 $0 $0 6.50606% 102.78818% Class X-A $620,471,000(2475,482,000(2) $620,471,000(2475,482,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.33245% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.568031.33617% Class A-S $96,395,000 84,058,000 $96,395,000 84,058,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358006.50606% 102.99710100.12355% Class B $43,211,000 29,718,000 $43,211,000 29,718,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151006.50606% 99.9971398.04689% Class C $32,132,000 24,623,000 $32,132,000 24,623,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643006.50606% 99.9963487.30599%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2023-C21)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President CEO BARCLAYS CAPITAL HOLDINGS INC. By: Name: Title: Signature Page to BBCMS 20242022-5C25 C18 – Underwriting Agreement If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: Name: Title: BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory Signature Page to BBCMS 20242022-5C25 C18 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxx Xxxxxxx Name: Xxxxx Xxxxxx Xxxxxxx Title: Authorized Signatory Signature Page to BBCMS 20242022-5C25 C18 – Underwriting Agreement DEUTSCHE BANK SECURITIES INCBMO CAPITAL MARKETS CORP. By: /s/ Xxxx Xxxxx Xxxxxxx Xxxxxxxxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxx Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director Signature Page to BBCMS 20242022-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 C18 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director Signature Page to BBCMS 20242022-5C25 C18 – Underwriting Agreement BMO CAPITAL MARKETS CORP. UBS SECURITIES LLC By: /s/ Xxxxx Xxxxxx Xxxx Name: Xxxxx Xxxxxx Xxxx Title: Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director Signature Page to BBCMS 20242022-5C25 C18 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director Signature Page to BBCMS 20242022-5C25 C18 – Underwriting Agreement XXXXXX XXXXXXXXXXXXXXXX FINANCIAL GROUP, LLC INC. By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President Signature Page to BBCMS 2022-C18 – Underwriting Agreement ACADEMY SECURITIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxx Xxxxxxx Xxxx Title: VP of Securitized Products Chief Compliance Officer Signature Page to BBCMS 20242022-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President BBCMS 2024-5C25 C18 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15November 18, 20242022. Certificates: BBCMS Mortgage Trust 20242022-5C25C18, Commercial Mortgage Pass-Through Certificates, Series 20242022-5C25 C18 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global BMO Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx XxxxxxxxXxxxxxxx Financial Group, LLC Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx CapitalAcademy Securities, LLC Inc. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 10,600,000 $821,000 8,980,000 $0 $0 $0 $0 $810,000 $810,000 5.87700% 99.9982% Class A-2 $73,000,000 $73,000,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489005.49500% 99.9997499.9999% Class A-3 $619,650,000 42,100,000 $614,100,000 42,100,000 $0 $0 $0 $0 $0 $0 5.99800% 102.9973% Class A-4 $2,500,000 175,000,000 $3,050,000 5.94600175,000,000 $0 $0 $0 $0 $0 $0 5.43900% 102.99869100.9932% Class A-5 $248,200,000 $248,200,000 $0 $0 $0 $0 $0 $0 5.71000% 102.9980% Class A-SB $16,826,000 $16,826,000 $0 $0 $0 $0 $0 $0 5.94900% 102.9982% Class X-A $620,471,000(2636,441,000(2) $620,471,000(2572,070,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(264,371,000(2) $0(2) $0(2) 1.431110.46052% 5.04079% Class X-B $171,738,000(2) $171,738,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.01727% 3.568033.8865% Class A-S $96,395,000 70,715,000 $96,395,000 70,715,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358006.14818% 102.99710102.7560% Class B $43,211,000 34,348,000 $43,211,000 34,348,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151006.14818% 99.9971399.1137% Class C $32,132,000 38,389,000 $32,132,000 38,389,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643006.14818% 99.9963487.5836%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2022-C18)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Xxxxxx Name: Xxxxxx Xxxxxxx Xxxxxx Title: Vice President Chief Executive Officer BBCMS 2024-5C25 C24 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 2024-5C25 C24 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INC. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Director BBCMS 2024-5C25 C24 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 C24 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 C24 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Managing Director By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director BBCMS 2024-C24 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 C24 – Underwriting Agreement XXXXXX XXXXXXXX, LLC By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: VP of Securitized Products BBCMS 2024-5C25 – Underwriting Agreement XXXXXXXX CAPITAL, UBS SECURITIES LLC By: /s/ Xxxxxx X. Xxxxx Xxxx Name: Xxxxxx Xxxx Title: Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director BBCMS 2024-C24 – Underwriting Agreement ACADEMY SECURITIES, INC. By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Chief Compliance Officer BBCMS 2024-C24 – Underwriting Agreement XXXXXXXX FINANCIAL GROUP, INC. By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President BBCMS 2024-5C25 C24 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15January 29, 2024. Certificates: BBCMS Mortgage Trust 2024-5C25C24, Commercial Mortgage Pass-Through Certificates, Series 2024-5C25 C24 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx Xxxxxxxx, UBS Securities LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Academy Securities, Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx CapitalFinancial Group, LLC Inc. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 8,900,000 $821,000 8,900,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489005.22900% 99.9997499.99982% Class A-3 A-2 $619,650,000 96,400,000 $614,100,000 95,400,000 $0 $0 $0 $0 $0 $0 $2,500,000 1,000,000 6.11400% 102.99693% Class A-5 $3,050,000 5.94600367,580,000 $363,850,000 $0 $0 $0 $0 $0 $0 $3,730,000 5.41900% 102.99869102.99411% Class A-SB $12,711,000 $12,711,000 $0 $0 $0 $0 $0 $0 $0 5.59800% 102.99591% Class X-A $620,471,000(2485,591,000(2) $620,471,000(2485,591,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431111.62560% 5.0407911.05188% Class X-B $171,738,000(2141,341,000(2) $171,738,000(2141,341,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017271.33112% 3.5680310.11405% Class A-S $96,395,000 86,712,000 $96,395,000 86,712,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358005.86700% 102.99710102.99852% Class B $43,211,000 32,951,000 $43,211,000 32,951,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151005.71800% 99.9971399.99383% Class C $32,132,000 21,678,000 $32,132,000 21,678,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643006.00000% 99.9963497.38870%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2024-C24)
Limitation on the Exercise of Certain Rights Related to Affiliate Insolvency Proceedings. Notwithstanding anything to the contrary in this Agreement or any other agreement, but subject to the requirements of Section 21, no party to this Agreement shall be permitted to exercise any Default Right against a Covered Party with respect to this Agreement that is related, directly or indirectly, to a BHC Affiliate of such party becoming subject to a receivership, insolvency, liquidation, resolution, or similar proceeding (each an “Insolvency Proceeding”), except to the extent the exercise of such Default Right would be permitted under the creditor protection provisions of 12 C.F.R. § 252.84, 12 C.F.R. § 47.5, or 12 C.F.R. § 382.4, as applicable. After a BHC Affiliate of a Covered Party has become subject to Insolvency Proceedings, if any party to this Agreement seeks to exercise any Default Right against such Covered Party with respect to this Agreement, the party seeking to exercise a Default Right shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement among the Depositor, Barclays Holdings and the several Underwriters. Very truly yours, BARCLAYS COMMERCIAL MORTGAGE SECURITIES LLC By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President Authorized Signatory BBCMS 2024-5C25 C30 – Underwriting Agreement BARCLAYS CAPITAL HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory BBCMS 2024-5C25 C30 – Underwriting Agreement The foregoing Agreement is hereby confirmed and accepted as of the date first above written. BARCLAYS CAPITAL INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 C30 – Underwriting Agreement DEUTSCHE BANK SECURITIES INC. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director By: /s/ Xxxxxx-Xxxxxxxxxxx Xxxxx Name: Xxxxxx-Xxxxxxxxxxx Xxxxx Title: Managing Director BBCMS 2024-5C25 C30 – Underwriting Agreement CITIGROUP GLOBAL MARKETS INCXXXXXXX XXXXX & CO. By: /s/Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory BBCMS 2024-5C25 – Underwriting Agreement UBS SECURITIES LLC By: /s/ Xxxxxxx Xxxxx Xxxxxxxx Name: Xxxxxxx Xxxxx Xxxxxxxx Title: Executive Director By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Managing Director BBCMS 2024-5C25 C30 – Underwriting Agreement SG AMERICAS SECURITIES, LLC By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Director BBCMS 2024-5C25 C30 – Underwriting Agreement KEYBANC CAPITAL MARKETS INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BBCMS 2024-C30 – Underwriting Agreement BMO CAPITAL MARKETS CORP. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director BBCMS 2024-5C25 C30 – Underwriting Agreement KEYBANC CAPITAL MARKETS BOFA SECURITIES, INC. By: /s/ Xxxxxx Xxxxxx X. Xxxxx, III Name: Xxxxxx Xxxxxx X. Xxxxx, III Title: Managing Director BBCMS 2024-5C25 C30 – Underwriting Agreement XXXXXX XXXXXXXXACADEMY SECURITIES, LLC INC. By: /s/ Xxxxx Xxxxxxx Xxxx Name: Xxxxx Xxxxxxx Xxxx Title: VP of Securitized Products Chief Compliance Officer BBCMS 2024-5C25 C30 – Underwriting Agreement XXXXXXXX CAPITAL, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President MD BBCMS 2024-5C25 C30 – Underwriting Agreement SCHEDULE I Underwriting Agreement, dated as of March 15October 31, 2024. Certificates: BBCMS Mortgage Trust 2024-5C25C30, Commercial Mortgage Pass-Through Certificates, Series 2024-5C25 C30 Class Initial Aggregate Certificate Balance or Notional Amount of Class Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Barclays Capital Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Deutsche Bank Securities Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Citigroup Global Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by UBS Securities Xxxxxxx Xxxxx & Co. LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by SG Americas Securities, LLC Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by BMO Capital Markets Corp. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by KeyBanc Capital Markets BofA Securities, Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxx XxxxxxxxAcademy Securities, LLC Inc. Aggregate Certificate Balance or Notional Amount of Class to be Purchased by Xxxxxxxx Capital, LLC LLC. Initial Pass-Through Rate Purchase Price(1) Class A-1 $821,000 6,128,000 $821,000 6,128,000 $0 $0 $0 $0 $0 $0 $0 $0 5.489004.90200% 99.9997499.99797% Class A-3 A-2 $619,650,000 27,740,000 $614,100,000 27,740,000 $0 $0 $0 $0 $0 $0 $2,500,000 0 $3,050,000 5.946000 6.12800% 102.99869102.99659% Class A-4 $130,000,000 $130,000,000 $0 $0 $0 $0 $0 $0 $0 $0 5.25100% 100.99998% Class A-5 $420,530,000 $420,530,000 $0 $0 $0 $0 $0 $0 $0 $0 5.53200% 102.99590% Class A-SB $8,160,000 $8,160,000 $0 $0 $0 $0 $0 $0 $0 $0 5.59100% 102.99746% Class X-A $620,471,000(2592,558,000(2) $620,471,000(2592,558,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.431110.85663% 5.040796.57948% Class X-B $171,738,000(2171,080,000(2) $171,738,000(2171,080,000(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) $0(2) 1.017270.44782% 3.568033.79415% Class A-S $96,395,000 103,698,000 $96,395,000 103,698,000 $0 $0 $0 $0 $0 $0 $0 $0 6.358005.83100% 102.99710102.99495% Class B $43,211,000 39,151,000 $43,211,000 39,151,000 $0 $0 $0 $0 $0 $0 $0 $0 6.151006.03100% 99.99713102.99315% Class C $32,132,000 28,231,000 $32,132,000 28,231,000 $0 $0 $0 $0 $0 $0 $0 $0 6.643005.98000% 99.9963499.99418%
Appears in 1 contract
Samples: Underwriting Agreement (BBCMS Mortgage Trust 2024-C30)
