Common use of No Creation of a Partnership or Exclusive Purchase Right Clause in Contracts

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Note A Holders (or the Master Servicer, any Special Servicer, any Certificate Administrator, an Trust Advisor or any Trustee on their behalf, if applicable) and the Note B Holder as a partnership, association, joint venture or other entity. Except as set forth in Section 9(a) hereof, neither the Note A Holders (or the Master Servicer, any Special Servicer, any Certificate Administrator, any Trust Advisor or any Trustee on their behalf, if applicable) nor the Note B Holder shall have any obligation whatsoever to offer to the other party the opportunity to purchase notes or interests relating to any future loans originated either party or their respective Affiliates, and if either party chooses to offer to the other party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. The Note B Holder shall have no obligation whatsoever to purchase from the Note A Holders any notes or interests in any future loans originated by the Note A Holders or any of its Affiliates.

Appears in 5 contracts

Samples: Co Lender Agreement (CSAIL 2019-C17 Commercial Mortgage Trust), Co Lender Agreement (CSAIL 2019-C16 Commercial Mortgage Trust), Co Lender Agreement (Bank 2019-Bnk18)

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No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Note A Holders A-1 Holder (nor the Servicer or the Master Servicer, any Special Servicer, any Certificate Administrator, an Trust Advisor or any Trustee on their its behalf), if applicablethe Note A-2 Holder (nor the Non-Lead Servicer or Non-Lead Trustee on its behalf) and the Note B Holder as a partnership, association, joint venture or other entity. Except as set forth in Section 9(a) hereofNone of the Holders (nor any Servicer, neither the Trustee, Non-Lead Servicer or Non-Lead Trustee on behalf of a Note A Holders (or the Master Servicer, any Special Servicer, any Certificate Administrator, any Trust Advisor or any Trustee on their behalf, if applicableHolder) nor the Note B Holder shall have any obligation whatsoever to offer to the any other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if either any such party chooses to offer to the other another party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. The Note B No Holder shall have no any obligation whatsoever to purchase from the either Note A Holders Holder any notes or interests in any future loans originated by the such Note A Holders Holder or any of its Affiliates.

Appears in 3 contracts

Samples: Intercreditor Agreement (Morgan Stanley Capital I Trust 2019-H7), Intercreditor Agreement (Morgan Stanley Capital I Trust 2019-H6), Intercreditor Agreement (Bank 2019-Bnk17)

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Note A Holders (or the Master Servicer, any Special Servicer, any Certificate Administrator, an Trust Advisor or any Trustee on their behalf, if applicable) and the Note B Holder as a partnership, association, joint venture or other entity. Except as set forth in Section 9(a) hereofentity by or among the Collateral Agent, neither the Note A Holders (Custodian, the Servicer, or the Master Servicer, Original Lender and/or any Special Servicer, Holder. No Holder shall have any Certificate Administrator, obligation whatsoever to purchase from the Original Lender a mezzanine note or participation interest in any Trust Advisor future loans originated by the Original Lender or any Trustee on their behalf, if applicable) nor the Note B its affiliates. No Holder shall have any obligation whatsoever to offer to the Original Lender or any other party Holder the opportunity to purchase notes a mezzanine note or interests relating to participation interest in any future loans originated either party by such Holder or their respective Affiliates, its affiliates and if either party such Holder chooses to offer to the Original Lender or any other party Holder the opportunity to purchase notes a mezzanine note or interests participation interest in any future mortgage mezzanine loans originated or purchased by it such Holder or its Affiliatesaffiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses such Holder chooses, in its sole and absolute discretion. The Note B Neither the Original Lender nor the other Holder shall have no any obligation whatsoever to purchase from the Note A Holders any notes such Holder a mezzanine note or interests participation interest in any future loans originated by the Note A Holders such Holder or any of its Affiliatesaffiliates.

Appears in 2 contracts

Samples: Noteholders’ Agreement (KBS Real Estate Investment Trust, Inc.), Noteholders’ Agreement (KBS Real Estate Investment Trust, Inc.)

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No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Note A Holders Holder (or the Master Servicer, any Special Servicer, any Certificate Administrator, an Trust Advisor Servicer or any Trustee on their its behalf, if applicable) and the Note B Holder as a partnership, association, joint venture or other entity. Except as set forth None of the Holders (or, in Section 9(a) hereof, neither the case of the Note A Holders (Holder, the Servicer or the Master Servicer, any Special Servicer, any Certificate Administrator, any Trust Advisor or any Trustee on their its behalf, if applicable) nor the Note B Holder shall have any obligation whatsoever to offer to the any other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if either any such party chooses to offer to the other another party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. The Note B No Holder shall have no any obligation whatsoever to purchase from the Note A Holders Holder any notes or interests in any future loans originated by the Note A Holders Holder or any of its Affiliates.

Appears in 1 contract

Samples: Intercreditor Agreement (Citigroup Commercial Mortgage Trust 2017-B1)

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