Obligations of CCRE Lending. CCRE Lending hereby covenants and agrees with the Underwriters that CCRE Lending shall be liable to the Underwriters and the officers, directors and controlling persons referred to in Section 8(a) of this Agreement to the same extent as the Company for all of the obligations of the Company under Section 8 of this Agreement. CCRE Lending further agrees that the Underwriters shall not be bound or obligated to initially request the Company to perform any of its obligations under Section 8 of this Agreement, but may instead initially request CCRE Lending to perform such obligations. Additionally, CCRE Lending agrees that the Underwriters shall not be bound or obligated in any way to exhaust recourse against the Company before being entitled to demand the performance by CCRE Lending of the Company’s obligations under Section 8 of this Agreement. Performance by CCRE Lending of any of the Company’s obligations under Section 8 of this Agreement shall be deemed to be performance thereof by the Company and performance by the Company of its obligations under Section 8 of this Agreement shall be deemed to be performance thereof by CCRE Lending.
Appears in 5 contracts
Samples: Underwriting Agreement (CFCRE 2016-C4 Mortgage Trust), Underwriting Agreement (CFCRE 2017-C8 Mortgage Trust), Underwriting Agreement (CFCRE 2016-C7 Mortgage Trust)
Obligations of CCRE Lending. CCRE Lending hereby covenants and agrees with the Underwriters that CCRE Lending shall be liable to the Underwriters and the officers, directors and controlling persons referred to in Section 8(a) of this Agreement to the same extent as the Company for all of the obligations of the Company under Section 8 of this Agreement. CCRE Lending further agrees that the Underwriters shall not be bound or obligated to initially request the Company to perform any of its obligations under Section 8 of this Agreement, but may instead initially request CCRE Lending to perform such obligations. Additionally, CCRE Lending agrees that the Underwriters shall not be bound or obligated in any way to exhaust recourse against the Company before being entitled to demand the performance by CCRE Lending of the Company’s 's obligations under Section 8 of this Agreement. Performance by CCRE Lending of any of the Company’s 's obligations under Section 8 of this Agreement shall be deemed to be performance thereof by the Company and performance by the Company of its obligations under Section 8 of this Agreement shall be deemed to be performance thereof by CCRE Lending.
Appears in 1 contract
Samples: Underwriting Agreement (CCRE Commercial Mortgage Securities, L.P.)