Modifications, Waivers and Amendments. (a) (i) With respect to Performing Serviced Loans, the Master Servicer (subject to the Special Servicer’s consent, except as set forth in the last paragraph of this Section 3.24(a)), or (ii) with respect to Specially Serviced Loans, the Special Servicer, in each case subject to any applicable consultation rights of the Operating Advisor, any applicable consent and/or consultation rights of the related Directing Holder (if any) and, to the extent required in accordance with the related Co-Lender Agreement, any applicable consultation rights of any related Serviced Companion Loan Holder (or its Companion Loan Holder Representative), may modify, waive or amend any term of any Serviced Loan if such modification, waiver or amendment (A) is consistent with the Servicing Standard and (B) would not constitute a “significant modification” of such Serviced Loan pursuant to Treasury Regulations Section 1.860G-2(b) and would not otherwise (1) cause either Trust REMIC to fail to qualify as a REMIC or cause the Grantor Trust to fail to qualify as a grantor trust under subpart E, part I of subchapter J of the Code for federal income tax purposes or (2) result in the imposition of a tax upon either Trust REMIC or the Trust Fund (including but not limited to the tax on “prohibited transactions” as defined in Code Section 860F(a)(2) and the tax on contributions to a REMIC set forth in Code Section 860G(d), but not including the tax on “net income from foreclosure property” under Code Section 860G(c)). The Master Servicer and the Special Servicer may rely on an Opinion of Counsel with respect to the determination described in clause (B) of the immediately preceding sentence. In addition, with respect to Performing Serviced Loans, to the extent any modification, waiver, amendment, consent or other action (i) constitutes a Major Decision and/or (ii) is not the responsibility of the Master Servicer pursuant to the last paragraph of this Section 3.24(a), the Master Servicer shall obtain the consent of the Special Servicer, and, in each case, to the extent any modification, waiver, amendment, consent or other action constitutes a Major Decision, the Special Servicer shall obtain the consent of the related Outside Controlling Note Holder (if a Serviced Outside Controlled Loan Combination is involved) or the Controlling Class Representative (if any other Serviced Loan(s) (exclusive of any Excluded Mortgage Loan(s)) are involved and a Control Termination Event does not exist), as ap...
Modifications, Waivers and Amendments. (a) Subject to subsections (b) through (g) below, as applicable, each of the Master Servicer, any subservicer and the Special Servicer may agree to any modification, waiver or amendment of any term of any Mortgage Loan.
Modifications, Waivers and Amendments. The Escrow Agent shall not be bound by any modification, amendment, termination (except as provided in Section 3), cancellation, rescission or supersession of this Agreement unless the same shall be in writing and signed by the parties hereto, and, if its rights, duties, immunities or indemnities as Escrow Agent are affected thereby, unless it shall have given its prior written consent thereto. This Agreement may not be modified, amended or terminated (except as provided in Section 3) without the written consent of the Initial Lenders.
Modifications, Waivers and Amendments. Section 3.28 Additional Obligations with Respect to Certain Mortgage Loans....................................................... Section 3.29 Certain Matters Relating to the Non-Serviced Mortgage Loan........................................................ Section 3.30
Modifications, Waivers and Amendments. No amendment, change, waiver, modification, cancellation or termination of this Settlement or any part thereof, shall be valid unless expressly set forth in a written document signed by the party or parties against whom enforcement of the amendment, change, waiver, modification, cancellation or termination is sought. No waiver of any provision of this Settlement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless it specifically so provides.
Modifications, Waivers and Amendments. SECTION 3.28 The Healthcare Adviser......................................
Modifications, Waivers and Amendments. The Escrow Agent shall not be bound by any modification, amendment, termination (except as provided in Section 11 hereof), cancelation, rescission or supersession of this Agreement unless the same shall be in writing and signed by the parties hereto, and, if its rights, duties, immunities or indemnities as Escrow Agent are affected thereby, unless it shall have given its prior written consent thereto. This Agreement may not be modified or amended or terminated (except as provided in Section 11 hereof) without the prior written consent of holders of all the Securities (except as permitted without such consent pursuant to the Indenture).
Modifications, Waivers and Amendments. No party shall be bound by any modification, amendment, termination (except as provided in Section 3), cancellation, rescission or supersession of this Agreement unless the same shall be in writing and signed by all of the parties hereto. This Agreement may not be modified in any way that would conflict with the Indenture.
Modifications, Waivers and Amendments. The Escrow Agent shall not be bound by any modification, waiver, amendment, termination (except as provided in Section 2 hereof), cancellation, rescission or supersession of this Escrow Agreement unless the same shall be in writing and signed by the parties hereto. This Escrow Agreement may not be modified, waived, amended or terminated without the written consent of the Escrow Agent and the Issuer and, solely with respect to provisions directly relating to the Initial Purchasers’ Commission, the Representative (such consent not to be unreasonably withheld, delayed or conditioned and provided no consent is necessary for the Issuer to amend Exhibit D); provided that no provisions of this Escrow Agreement may be waived or modified in any manner materially adverse to the holders of the Notes without the written consent of the holders of a majority in principal amount of the Notes outstanding.
Modifications, Waivers and Amendments. No party shall be bound by any modification, amendment, termination (except as provided in Section 4 hereof), cancellation or rescission or supersession of this Agreement unless the same shall be in writing and signed by such party, and, if the Escrow Agent's rights, duties, immunities or indemnities as Escrow Agent are affected thereby, unless it shall have given its prior written consent thereto. This Agreement may not be modified, amended, terminated (except as provided in Section 4 hereof), canceled, rescinded or superseded without the written consent of the Initial Purchasers.
