Common use of Merger or Consolidation of Trustee or Fiscal Agent Clause in Contracts

Merger or Consolidation of Trustee or Fiscal Agent. Any entity into which the Trustee may be merged or converted or with which it may be consolidated or any entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any entity succeeding to the corporate trust business of the Trustee, shall be the successor of the Trustee, hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided that the Trustee shall continue to be eligible under the provisions of Section 8.06. Any Person into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any corporation or bank resulting from any merger, conversion or consolidation to which the Fiscal Agent shall be a party, or any corporation or banking association succeeding to all or substantially all of the corporate trust business of the Fiscal Agent shall be the successor of the Fiscal Agent hereunder, provided that such corporation or bank shall be eligible under the provisions of Section 8.06 without the execution or filing of any paper or any further act on the party of any of the parties hereto, anything to the contrary notwithstanding. The successor to the Trustee shall promptly notify in writing each of the other parties hereto, the Certificateholders and the Rating Agencies of any such merger, conversion, consolidation or succession to business.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mort Pass Through Cert Ser 2002-2), Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 2003-1), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)

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Merger or Consolidation of Trustee or Fiscal Agent. Any entity into which the Trustee may be merged or converted or with which it may be consolidated or any entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any entity succeeding to the corporate trust business of the Trustee, shall be the successor of the Trustee, hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided that the Trustee shall continue to be eligible under the provisions of Section 8.06. Any Person into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any corporation or bank resulting from any merger, conversion or consolidation to which the Fiscal Agent shall be a party, or any corporation or banking association succeeding to all or substantially all of the corporate trust business of the Fiscal Agent shall be the successor of the Fiscal Agent hereunder, provided that such corporation or bank shall be eligible under the provisions of Section 8.06 without the execution or filing of any paper or any further act on the party of any of the parties hereto, anything to the contrary notwithstanding. The successor to the Trustee or the Fiscal Agent, as applicable, shall promptly notify in writing each of the other parties hereto, the Certificateholders and the Rating Agencies of any such merger, conversion, consolidation or succession to business.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Nationslink Funding Corp 1999-LTL-1 Commer Loan Pas THR Cer)

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Merger or Consolidation of Trustee or Fiscal Agent. Any entity Person into which the Trustee may be merged or converted or with which it may be consolidated or any entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any entity Person succeeding to the corporate trust business of the Trustee, shall be the successor of the TrusteeTrustee hereunder, hereunderprovided that such Person shall be eligible under the provisions of Section 9.06 hereof, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided , if written confirmation shall have been received from each applicable Rating Agency that such merger or consolidation would not result in the Trustee shall continue withdrawal or downgrading of the then current ratings assigned to be eligible under the provisions any Class of Section 8.06Certificates by each applicable Rating Agency. 121 Any Person into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any corporation or bank Person resulting from any merger, conversion or consolidation to which the Fiscal Agent shall be a party, or any corporation or banking association Person succeeding to all or substantially all of the corporate trust business of the Fiscal Agent Agent, shall be the successor of the Fiscal Agent hereunder, provided that such corporation or bank shall be eligible under the provisions of Section 8.06 without the execution or filing of any paper or any further act on the party part of any of the parties hereto, provided that such Person shall be eligible under the provisions of Section 9.06 hereof, anything herein to the contrary notwithstanding. The successor to , if written confirmation shall have been received from each applicable Rating Agency that such merger or consolidation would not result in the Trustee shall promptly notify in writing each withdrawal or downgrading of the other parties hereto, the Certificateholders and the then current ratings assigned to any Class of Certificates by each applicable Rating Agencies of any such merger, conversion, consolidation or succession to businessAgency.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cs First Boston Mortgage Securities Corp /De/)

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