Common use of P&I Advances Clause in Contracts

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp), Pooling and Servicing Agreement (Nationslink Funding Corp), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)

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P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time, ) on each Master Servicer Remittance P&I Advance Date, the applicable Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by such Master Servicer, if any, to be made by the applicable Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the applicable Master Servicer; provided provided, however, that if Late Collections of any of to the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then extent that amounts on deposit in the Certificate AccountCollection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the related Master Servicer shall use such Late Collections (net of apply any Master Servicing Fees and Workout Fees payable therefrom) P&I Advances required to make be made by it on such P&I AdvancesAdvance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the applicable Master Servicer's ’s records and replaced by the applicable Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the applicable Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the applicable Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer with respect to the Trustee in writingGeneral Master Servicer, at facsimile number: (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer with respect to the Trustee General Master Servicer, at (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and, in writingthe case of the NCB Master Servicer, by email (at XXXXX0000X00@xxx.xxx) as soon as possible, but in any event before 3:00 p.m., 4:30 p.m. (New York City time, ) on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee Certificate Administrator does not receive the full amount of such P&I Advances by the close of business 9:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Certificate Administrator shall promptly notify the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the applicable Master Servicer on such with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the applicable Master Servicer Remittance Date or Trustee, as applicable, shall provide the Other Master Servicer and the Other Trustee under the Other Securitization with written notice of any P&I Advance relating to such Mortgage Loan within two (ii2) Business Days of making such failure shall constitute an Event of Default on the part of the Master ServicerP&I Advance. (b) The aggregate amount of P&I Advances to be made by each Master Servicer (or by the Trustee, if the applicable Master Servicer fails to do so) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees (and, in the case of a Non-Trust-Serviced Pooled Mortgage Loan or REO Mortgage Loan that is a successor thereto, the Non-Trust Primary Servicing Fee and Workout Fees Non-Trust Trust Advisor fee payable hereunderunder the related Non-Trust Pooling and Servicing Agreement), that were due or deemed duedue and net of any Post-ARD Additional Interest, as the case may be, in respect thereof of the Mortgage Loans for which it is acting as Master Servicer and any successor REO Mortgage Loans with respect thereto on their respective Due Dates during occurring in the related Collection Period and that were month in which such Distribution Date occurs, in each case to the extent such amount was not paid Received by or on behalf of the related Mortgagors or otherwise collected Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the applicable Master Servicer (or, if applicable, the Trustee) that a prior P&I Advance (or Unliquidated Advance in respect thereof) that it has made constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable, good faith judgment. In making such recoverability determination, such Person will be entitled to consider (among other things) the obligations of the Borrower under the terms of the related Mortgage Loan as it may have been modified, to consider (among other things) the related Mortgaged Properties in their “as-is” or then-current conditions and occupancies, as modified by such party’s assumptions regarding the possibility and effects of future adverse change with respect to such Mortgaged Properties, to estimate and consider (among other things) future expenses and to estimate and consider (among other things) the timing of recoveries. In addition, any such Person may update or change its recoverability determinations at any time and may obtain from the applicable Special Servicer any analysis, Appraisals or market value estimates or other information in the possession of the applicable Special Servicer for such purposes. Any determination by the applicable Master Servicer (or, if applicable, the Trustee) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (to the Depositor, the applicable Special Servicer, the Certificate Administrator, the Subordinate Class Representative and, in any eventif made by the applicable Master Servicer, the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve nine (9) months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers’ reports, environmental surveys or similar reports, that the Person making such determination may have obtained. A copy of any such Officer’s Certificate (and accompanying information) of the Trustee shall also be promptly delivered to the Certificate Administrator, the Subordinate Class Representative, the Majority Subordinate Certificateholder, the applicable Special Servicer and the applicable Master Servicer or for the Special Servicer may have obtained and that supports such determinationsubject Mortgage Loan. The Trustee shall deliver such Officer's Certificate Absent bad faith, the applicable Master Servicer’s determination as soon as practicable after its determination that such to the recoverability of any P&I Advance would shall be nonrecoverable. If such an Appraisal shall not have been required conclusive and performed pursuant to binding on the terms of this AgreementCertificateholders and, in all cases, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the applicable Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The applicable Special Servicer shall promptly furnish any party required to make P&I Advances hereunder with any information in its possession regarding the Specially Serviced Mortgage Loans and the REO Properties as such party required to make P&I Advances may reasonably request. The applicable Master Servicer shall consider Unliquidated Advances in respect of prior P&I Advances as outstanding Advances for purposes of recoverability determinations as if such Unliquidated Advance were a P&I Advance. The applicable Special Servicer for each Mortgage Loan shall also be entitled to make a determination (subject to the same standards and procedures that apply in connection with a determination by the applicable Master Servicer) to the effect that a prior P&I Advance (or Unliquidated Advance in respect thereof) previously made hereunder by the applicable Master Servicer (or, if applicable, the Trustee) constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance by the applicable Master Servicer (or, if applicable, the Trustee), if made, would constitute a Nonrecoverable P&I Advance, in which case, after written notice of such determination by the applicable Special Servicer to the applicable Master Servicer and the Trustee, such P&I Advance shall constitute a Nonrecoverable P&I Advance for all purposes of this Agreement and the applicable Master Servicer and the Trustee shall conclusively rely on any such determination of nonrecoverability that may have been made by the applicable Special Servicer with respect that a P&I Advance is a Nonrecoverable Advance; provided that in no event shall a determination by a Special Servicer that a previously made or proposed P&I Advance would be recoverable be binding on a Master Servicer or the Trustee. A copy of any Officer’s Certificate (and accompanying information) of the applicable Special Servicer in support of its determination shall be promptly delivered to a particular P&I Advancethe applicable Master Servicer for the subject Mortgage Loan. The applicable Special Servicer may update or change its recoverability determination at any time. (d) As and to In the extent permitted by Section 3.05(a)case of each Mortgage Loan, the applicable Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds) for so long as ), to the extent that such P&I Advance is outstanding (or, in the case of Advance Interest payable i) relates to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest a Monthly Payment or Assumed Monthly Payment in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related a Mortgage Loan during, and allocable to, the period, if any, that it was is a Specially Serviced Mortgage Past Grace Period Loan or an REO Loan; and secondMortgage Loan when made, at any time coinciding with or following in which case such interest shall begin to accrue from the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any related P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate AccountDate, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.or

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C15), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-Lc14)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower Tier REMIC Distribution Account, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (other than Balloon Paymentsincluding any Non-Serviced Mortgage Loan) and any Assumed Monthly Paymentsor REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within one (1) Business Day of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C18), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C14), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C14)

P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time, ) on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____at facsimile number: (000) ____000-______ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) and by telephone (at telephone no. (____000) ___000-____ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) as soon as possible, but in any event before 3:00 p.m., 4:30 p.m. (New York City time, ) on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee Certificate Administrator does not receive the full amount of such P&I Advances by the close of business 9:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Certificate Administrator shall promptly notify the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on with respect to the part of the Master Servicerrelated Distribution Date. (b) The aggregate amount of P&I Advances to be made by the Master Servicer (or by the Trustee, if the Master Servicer fails to do so) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans and any successor REO Mortgage Loans with respect thereto on their respective Due Dates during occurring in the related Collection Period and that were month in which such Distribution Date occurs, in each case to the extent such amount was not paid Received by or on behalf of the related Mortgagors or otherwise collected Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer (or, if applicable, the Trustee) that a prior P&I Advance (or Unliquidated Advance in respect thereof) that it has made constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable, good faith judgment. In making such recoverability determination, such Person will be entitled to consider (among other things) the obligations of the Borrower under the terms of the related Mortgage Loan as it may have been modified, to consider (among other things) the related Mortgaged Properties in their “as is” or then current conditions and occupancies, as modified by such party’s assumptions regarding the possibility and effects of future adverse change with respect to such Mortgaged Properties, to estimate and consider (among other things) future expenses and to estimate and consider (among other things) the timing of recoveries. In addition, any such Person may update or change its recoverability determinations at any time and may obtain from the Special Servicer any analysis, Appraisals or market value estimates or other information in the possession of the Special Servicer for such purposes. Any determination by the Master Servicer (or, if applicable, the Trustee) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (to the Depositor, the Special Servicer, the Certificate Administrator, the Subordinate Class Representative and, in any eventif made by the Master Servicer, the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve nine (9) months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers’ reports, environmental surveys or similar reports, that the Person making such determination may have obtained. A copy of any such Officer’s Certificate (and accompanying information) of the Trustee shall also be promptly delivered to the Certificate Administrator, the Subordinate Class Representative, the Majority Subordinate Certificateholder, the Special Servicer and the Master Servicer or for the Special Servicer may have obtained and that supports such determinationsubject Mortgage Loan. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this AgreementAbsent bad faith, the Master Servicer or Servicer’s determination as to the Special Servicerrecoverability of any P&I Advance shall be conclusive and binding on the Certificateholders and, as in all cases, the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The Special Servicer shall promptly furnish any party required to make P&I Advances hereunder with any information in its possession regarding the Specially Serviced Mortgage Loans and REO Properties as such party required to make P&I Advances may reasonably request. The Master Servicer shall consider Unliquidated Advances in respect of prior P&I Advances as outstanding Advances for purposes of recoverability determinations as if such Unliquidated Advance were a P&I Advance. The Special Servicer for each Mortgage Loan shall also be entitled to make a determination (subject to the same standards and procedures that apply in connection with a determination by the Master Servicer) to the effect that a prior P&I Advance (or Unliquidated Advance in respect thereof) previously made hereunder by the Master Servicer (or, if applicable, the Trustee) constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance by the Master Servicer (or, if applicable, the Trustee), if made, would constitute a Nonrecoverable P&I Advance, in which case such P&I Advance shall be entitled to rely on constitute a Nonrecoverable P&I Advance for all purposes of this Agreement. A copy of any determination Officer’s Certificate (and accompanying information) of nonrecoverability that may have been made by the Special Servicer with respect in support of its determination shall be promptly delivered to a particular P&I Advancethe Master Servicer for the subject Mortgage Loan. The Special Servicer may update or change its recoverability determination at any time. (d) As and to In the extent permitted by Section 3.05(a)case of each Mortgage Loan, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds), to the extent that such P&I Advance (i) relates to a Monthly Payment or Assumed Monthly Payment in respect of a Mortgage Loan that is a Past Grace Period Loan or an REO Mortgage Loan when made, in which case such interest shall begin to accrue from the related P&I Advance Date, or (ii) is made with respect to a Within Grace Period Loan and remains outstanding when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in which case such interest shall begin to accrue when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in either case, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received Received by the Master Servicer or Trust). Such interest with respect to any of its Sub-Servicers)P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.25, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall (subject to the operation of Section 3.05(a)(II)) reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby with respect to any Mortgage Loan or REO Mortgage Loan as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date on which P&I Advance Date. (e) With regard to such P&I Advance was madeAdvances, the Master Servicer or the Trustee shall account for that part of the P&I Advances which is attributable to Past Grace Period Loans, and that part of the P&I Advances which is attributable to Within Grace Period Loans.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2011-C5), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C6), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C6)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made by the Master Servicer with respect to any Distribution Date and each Mortgage Loan (and, with respect to each Componentized Mortgage Loan, only on the related Pooled Component) shall be equal to: (i) the Monthly Payments (net of related Servicing Fees, and in the case of each Non-Serviced Mortgage Loan, the applicable servicing fees payable under this Agreement, and in the case of any Componentized Mortgage Loan, only in respect of the Mortgage Loans (includingrelated Pooled Component) other than Balloon Payments, without limitation, Balloon Mortgage Loans that were due during the related Due Period and delinquent as to their respective Balloon Paymentsof the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loans for Loan (other than any Distribution Date shall equalportion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), subject an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (other than Balloon Payments) and any Assumed Monthly Paymentsincluding the Non-Serviced Mortgage Loan and, in each the case net of any Componentized Mortgage Loan, only in respect of the related Master Servicing Fees and Workout Fees payable hereunderPooled Component) or REO Loan, that were due shall continue until the Distribution Date on which the proceeds, if any, received in connection with a Liquidation Event or deemed duethe disposition of the REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Other Master Servicer and Other Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within one (1) Business Day of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan or Non-Pooled Component and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of the Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the Non-Serviced Pooling Agreement) or, in the case of any Componentized Mortgage Loan, allocated to the related Pooled Component, then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan (or Pooled Component) for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan (or Pooled Component) for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan (or Pooled Component) immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan, or in the case of any Componentized Mortgage Loan, with respect to the related Pooled Component), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan (or Pooled Component) immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan or Non-Pooled Component.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-Lc11), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-Lc11), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-Lc11)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account (or the Centreville Square REMIC Distribution Account, with respect to any amounts allocable to the Componentized Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (other than Balloon Paymentsincluding any Non-Serviced Mortgage Loan) and any Assumed Monthly Paymentsor REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within two (2) Business Days of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2014-C20), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C19), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C19)

P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time, ) on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____at facsimile number: (000) ____000-______ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) and by telephone (at telephone no. (____000) ___000-____ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) as soon as possible, but in any event before 3:00 p.m., 4:30 p.m. (New York City time, ) on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee Certificate Administrator does not receive the full amount of such P&I Advances by the close of business 9:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Certificate Administrator shall promptly notify the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Loan Combination, the Master Servicer Remittance Date or Trustee, as applicable, shall provide the master servicer and the trustee under the Other Securitization with written notice of any P&I Advance relating to such Mortgage Loan within two (ii2) Business Days of making such failure shall constitute an Event of Default on the part of the Master ServicerP&I Advance. (b) The aggregate amount of P&I Advances to be made by the Master Servicer (or by the Trustee, if the Master Servicer fails to do so) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duedue and any Post-ARD Additional Interest, as the case may be, in respect thereof of the Mortgage Loans and any successor REO Mortgage Loans with respect thereto on their respective Due Dates during occurring in the related Collection Period and that were month in which such Distribution Date occurs, in each case to the extent such amount was not paid Received by or on behalf of the related Mortgagors or otherwise collected Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer (or, if applicable, the Trustee) that a prior P&I Advance (or Unliquidated Advance in respect thereof) that it has made constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable, good faith judgment. In making such recoverability determination, such Person will be entitled to consider (among other things) the obligations of the Borrower under the terms of the related Mortgage Loan as it may have been modified, to consider (among other things) the related Mortgaged Properties in their “as is” or then current conditions and occupancies, as modified by such party’s assumptions regarding the possibility and effects of future adverse change with respect to such Mortgaged Properties, to estimate and consider (among other things) future expenses and to estimate and consider (among other things) the timing of recoveries. In addition, any such Person may update or change its recoverability determinations at any time and may obtain from the Special Servicer any analysis, Appraisals or market value estimates or other information in the possession of the Special Servicer for such purposes. Any determination by the Master Servicer (or, if applicable, the Trustee) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (to the Depositor, the Special Servicer, the Certificate Administrator, the Subordinate Class Representative and, in any eventif made by the Master Servicer, the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve nine (9) months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers’ reports, environmental surveys or similar reports, that the Person making such determination may have obtained. A copy of any such Officer’s Certificate (and accompanying information) of the Trustee shall also be promptly delivered to the Certificate Administrator, the Subordinate Class Representative, the Majority Subordinate Certificateholder, the Special Servicer and the Master Servicer or for the Special Servicer may have obtained and that supports such determinationsubject Mortgage Loan. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this AgreementAbsent bad faith, the Master Servicer or Servicer’s determination as to the Special Servicerrecoverability of any P&I Advance shall be conclusive and binding on the Certificateholders and, as in all cases, the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The Special Servicer shall promptly furnish any party required to make P&I Advances hereunder with any information in its possession regarding the Specially Serviced Mortgage Loans and REO Properties as such party required to make P&I Advances may reasonably request. The Master Servicer shall consider Unliquidated Advances in respect of prior P&I Advances as outstanding Advances for purposes of recoverability determinations as if such Unliquidated Advance were a P&I Advance. The Special Servicer for each Mortgage Loan shall also be entitled to make a determination (subject to the same standards and procedures that apply in connection with a determination by the Master Servicer) to the effect that a prior P&I Advance (or Unliquidated Advance in respect thereof) previously made hereunder by the Master Servicer (or, if applicable, the Trustee) constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance by the Master Servicer (or, if applicable, the Trustee), if made, would constitute a Nonrecoverable P&I Advance, in which case such P&I Advance shall be entitled to rely on constitute a Nonrecoverable P&I Advance for all purposes of this Agreement. A copy of any determination Officer’s Certificate (and accompanying information) of nonrecoverability that may have been made by the Special Servicer with respect in support of its determination shall be promptly delivered to a particular P&I Advancethe Master Servicer for the subject Mortgage Loan. The Special Servicer may update or change its recoverability determination at any time. (d) As With respect to any Loan Combination, the Master Servicer will be permitted to make its determination that it has made a P&I Advance on the related Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance with respect to such Mortgage Loan in accordance with Section 4.03(a) independently of any determination made in respect of the related Pari Passu Companion Loan, by the master servicer under the related Other Pooling and Servicing Agreement. If the Master Servicer determines that a proposed P&I Advance with respect to such Loan Combination, if made, or any outstanding P&I Advance with respect to any such Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance or if the Master Servicer subsequently determines that a proposed Servicing Advance would be a Nonrecoverable Advance or an outstanding Servicing Advance is or would be a Nonrecoverable Advance, the Master Servicer shall promptly provide the master servicer under each related Other Pooling and Servicing Agreement written notice of such determination. If the Master Servicer receives written notice from any master servicer under any such Other Pooling and Servicing Agreement that such master servicer has determined, with respect to the extent permitted by Section 3.05(a)related Pari Passu Companion Loan, that any proposed advance of principal and/or interest with respect to such Pari Passu Companion Loan would be, or any outstanding advance of principal and interest is, a nonrecoverable advance of principal and/or interest, such determination shall not be binding on the Certificateholders, the Master Servicer or the Trustee but each of the Master Servicer and the Trustee shall be entitled to conclusively rely on any such nonrecoverability determination. (e) In the case of each Mortgage Loan, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds), to the extent that such P&I Advance (i) relates to a Monthly Payment or Assumed Monthly Payment in respect of a Mortgage Loan that is a Past Grace Period Loan or an REO Mortgage Loan when made, in which case such interest shall begin to accrue from the related P&I Advance Date, or (ii) is made with respect to a Within Grace Period Loan and remains outstanding when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in which case such interest shall begin to accrue when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in either case, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received Received by the Master Servicer or Trust). Such interest with respect to any of its Sub-Servicers)P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.25, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall (subject to the operation of Section 3.05(a)(II)) reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby with respect to any Mortgage Loan or REO Mortgage Loan as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date on which P&I Advance Date. (f) With regard to such P&I Advance was madeAdvances, the Master Servicer or the Trustee shall account for that part of the P&I Advances which is attributable to Past Grace Period Loans, and that part of the P&I Advances which is attributable to Within Grace Period Loans. (g) Notwithstanding anything to the contrary, no P&I Advances shall be made with respect to any Companion Loan (whether or not it constitutes a Companion Loan or otherwise) or any successor REO Mortgage Loan. (h) Neither the Master Servicer nor the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-FL Certificates.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C8), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C7), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C7)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower Tier REMIC Distribution Account, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (other than Balloon Paymentsincluding any Non-Serviced Mortgage Loan) and any Assumed Monthly Paymentsor REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within two (2) Business Days of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C16), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C16), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C15)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (other than Balloon Paymentsincluding any Non-Serviced Mortgage Loan) and any Assumed Monthly Paymentsor REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within two (2) Business Days of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C21), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C19), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C18)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees, subject and in the case of each Non-Serviced Mortgage Loan, the applicable servicing fees payable under this Agreement) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Other Master Servicer and Other Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within one (1) Business Day of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of the Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the Non-Serviced Pooling Agreement) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on such the related Distribution Date, in each case unless the Master Servicer Remittance shall have cured such failure (and provided written notice of such cure to the Trustee and the Paying Agent) by 11:00 a.m. on such Distribution Date. If, after such noticeIn the event that the Master Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive the full amount of such P&I Advances circumstances by the close of business 4:30 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by the Master Servicer or any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, with respect thereto are to be distributed. No P&I Advances shall be made with respect to a Companion Loan. (c) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect thereof on their respective Due Dates during to a Mortgage Loan until after the related Collection Period Due Date has passed and that were not paid by any applicable grace period has expired or on behalf of (ii) if the related Mortgagors Monthly Payment is received after the Determination Date but on or otherwise collected as of the close of business on the last day of prior to the related Collection Period; provided thatP&I Advance Date. The Master Servicer shall reimburse itself and/or the Trustee, as the case may be, for any outstanding P&I Advance, subject to Section 3.19 of this Agreement, as soon as practicably possible after funds available for such purpose are deposited in the Certificate Account. (d) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction Amount exists has been made with respect to any Required Appraisal Loan, then, Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (ix) the amount of the interest portion of such P&I Advance for such Required Appraisal Mortgage Loan for such Distribution Date without regard to this proviso, multiplied by subsection (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction AmountReduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (ce) Notwithstanding anything herein to the contrary, In no P&I Advance event shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that either the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such be required to make a P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceCompanion Loan. (df) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount None of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of Paying Agent or the delinquent principal and/or interest in respect of which such P&I Advance was made has been received Trustee shall advance any amount due to be paid by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and Swap Counterparty for distribution to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeClass A-2FL Certificates.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Distribution Account from its own funds into (x) the Lower Tier REMIC Distribution Account, an amount equal to the aggregate amount of P&I Advances, if any, with respect to the Mortgage Loans to be made in respect of the related Distribution Date, and (y) the U-Haul Self Storage Pool 5 REMIC Distribution Account, an amount equal to the amount of P&I Advances, if any, with respect to the Trust Pari Passu Companion Loan to be made in respect of the related Distribution Date, (iiii)(x) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I AdvancesAdvances with respect to the Mortgage Loans, and (y) apply amounts held in the Certificate Account, for future distribution to the Holders of the Class UH5 Certificates in subsequent months in discharge of any such obligation to make P&I Advances with respect to the Trust Pari Passu Companion Loan, or (iii) make P&I Advances in the form of any combination of clauses (ii)(x) and (iiii)(x) or clauses (i)(y) and (ii)(y), as applicable, aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso with respect to the preceding sentence) Mortgage Loans or the Trust Pari Passu Companion Loan, as applicable, shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances (x) with respect to the Mortgage Loans, and (y) with respect to the Trust Pari Passu Companion Loan, for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances (x) with respect to the Mortgage Loans and (y) with respect to the Trust Pari Passu Companion Loan, for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. The Master Servicer or Trustee, as applicable, shall notify each of 1:00 the Non-Serviced Master Servicer, the Non-Serviced Special Servicer and the Non-Serviced Trustee related to the Canyon Ranch Portfolio Mortgage Loan within two (2) Business Days of making a P&I Advance with respect to the Canyon Ranch Portfolio Mortgage Loan. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans or the Trust Pari Passu Companion Loan, as applicable, shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account or U-Haul Self Storage Pool 5 REMIC Distribution Account, as applicable, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect to any Distribution Date and each Mortgage Loan or the Trust Pari Passu Companion Loan, as applicable, shall be equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, that were due on the Mortgage Loans (includingincluding any Non-Serviced Mortgage Loan), without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) the Trust Pari-Passu Companion Loan and any REO Loans for Loan (other than any Distribution portion of an REO Loan related to a Companion Loan) during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date shall equal(or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan or the Trust Pari Passu Companion Loan, subject as applicable, as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (including any Non-Serviced Mortgage Loan), Trust Pari Passu Companion Loan or REO Loan (other than Balloon Payments) and any Assumed Monthly Paymentsportion of an REO Loan related to a Companion Loan), shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan or Trust Subordinate Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, applicable Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer and Non-Serviced Special Servicer written notice of such purpose at the expense determination within two (2) Business Days of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be, out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. Serviced Companion Noteholder or a Trust Companion Loan (d) As and unless related thereto), except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (orfrom the date made to but not including the date of reimbursement; provided, in the case of Advance Interest payable to the Master Servicerhowever, if earlier, until the Late Collection of the delinquent principal and/or that no interest in respect of which such will accrue on any P&I Advance was (i) made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in with respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was to a Specially Serviced Mortgage Loan or an REO the Trust Pari Passu Companion Loan; and second, at any time coinciding with or following as applicable, until after the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans related Due Date has passed and any REO Properties applicable grace period has expired or (ii) if the related Monthly Payment is received after the Determination Date but on deposit in the Certificate Account. As and or prior to the extent provided by Section 3.05(a), the related P&I Advance Date. The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan or Trust Subordinate Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan or the Trust Pari Passu Companion Loan, as applicable, (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan or the Trust Pari Passu Companion Loan, as applicable, for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan or the Trust Pari Passu Companion Loan, as applicable, for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan or the Trust Pari Passu Companion Loan, as applicable, immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan or the U-Haul Self Storage Pool 5 Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan or Trust Pari Passu Companion Loan, as applicable), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan or the Trust Pari Passu Companion Loan, as applicable, immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C25), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C24), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C23)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on such Master Servicer Remittance the related Distribution Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and unless the Master Servicer shall be entitled to rely on any determination have cured such failure (and provided written notice of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and such cure to the extent permitted by Section 3.05(a), the Master Servicer Trustee and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own fundsPaying Agent) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.11:00 a.m.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C3), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3)

P&I Advances. With Respect to the Mortgage Pool. (a) On or before 1:00 2:00 p.m., New York City time, on each Trust Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) deposit into the Distribution Account from below, satisfy its own funds an amount equal obligations to make any required P&I Advances with respect to the aggregate amount of P&I Advances, if any, to be made related Distribution Date in respect of the related Distribution DateMortgage Pool, (ii) apply first, by transferring to the Trustee for deposit in the Collection Account amounts then held in the Certificate Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on Trustee for deposit in the Certificate Account, Collection Account in an amount equal to the Master Servicer shall use remaining portion of such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such required P&I Advances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding applicable Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 4:00 p.m., New York City time, on any Trust Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and any required supporting documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Trust Master Servicer Remittance Date. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee (or any Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Trust Master Servicer Remittance Date and (ii) Date. If the Trustee fails to make any such failure shall constitute an Event of Default P&I Advance on the part of related Distribution Date, but a Fiscal Agent makes such P&I Advance on such date, then the Master ServicerTrustee shall be deemed not to be in default hereunder. No party hereto shall be required to make a P&I Advance with respect to any Non-Trust Mortgage Loan or any successor REO Mortgage Loan with respect thereto. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or any Fiscal Agent, as the case may be, pursuant to this Section 4.03 in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (cSection 4.03(c) below, equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees (and, in the case of each Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, further net of any related similar fees payable hereunder, that were to third parties with respect to the subject Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto pursuant to the related Outside Servicing Agreement) due or deemed due, as the case may be, in respect thereof of the Trust Mortgage Loans (including Balloon Trust Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Trust Mortgage Loans in the Mortgage Pool on their respective Due Dates during the calendar month in which the subject Distribution Date occurs, in each case to the extent such amount was not Received by the Trust (including as net income from any related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected REO Property as of the close of business on the last day end of the related Collection Period; provided that, that-- (i) if it is determined by the applicable Outside Servicer and reported to the applicable parties hereunder that an Appraisal Reduction Amount exists with respect to any Required Outside Serviced Loan Combination, and a portion of such Appraisal LoanReduction Amount is allocable to the Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, thenas applicable, in the event that is part of subsequent delinquencies thereonsuch Outside Serviced Loan Combination, then the interest portion of each P&I Advance, if any, required to be made pursuant to this Section 4.03 with respect to such Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, as the P&I Advance in respect of case may be, during the period that such Required Appraisal Loan for the related Distribution Date Reduction Amount continues to exist, shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (iA) the amount of the interest portion of such the subject P&I Advance for that would otherwise be required to be made under this Section 4.03 with respect to such Required Appraisal Trust Mortgage Loan for such Distribution Date or any successor REO Trust Mortgage Loan with respect thereto, as the case may be, without regard to this proviso, multiplied by (iiB) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, as the case may be, reduced (to not less than zero) by the portion of any Appraisal Reduction Amount in respect of the subject Outside Serviced Loan immediately prior Combination that is allocable to such Distribution DateTrust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, net of as the related Appraisal Reduction Amount, if anycase may be, and the denominator of which is equal to the then Stated Principal Balance of such Required Appraisal Trust Mortgage Loan immediately prior to such Distribution Date.or any successor REO Trust Mortgage Loan with respect thereto, as the case may be; (cii) Notwithstanding anything herein if it is determined that an Appraisal Reduction Amount exists with respect to any Serviced Loan Combination and, further, that a portion of such Appraisal Reduction Amount is allocable to the contraryTrust Mortgage Loan or REO Trust Mortgage Loan, no as applicable, that is part of such Serviced Loan Combination, then the interest portion of each P&I Advance shall be Advance, if any, required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to this Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior 4.03 with respect to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Trust Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO PropertyTrust Mortgage Loan, as the case may be, which shall have been performed within during the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination period that such Appraisal Reduction Amount continues to exist, shall be reduced to equal the product of (A) the amount of the interest portion of the subject P&I Advance that would otherwise be nonrecoverable. If required to be made under this Section 4.03 with respect to such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer Trust Mortgage Loan or the Special ServicerREO Trust Mortgage Loan, as the case may be, maywithout regard to this proviso, multiplied by (B) a fraction, the numerator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, reduced (to not less than zero) by the portion of such Appraisal Reduction Amount with respect to the subject Serviced Loan Combination that is allocable to its reasonable such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, and good faith determination the denominator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be; and (iii) if it is determined that an Appraisal Reduction Amount exists with respect to any Trust Mortgage Loan or REO Trust Mortgage Loan that is not part of a Loan Combination, then the interest portion of each P&I Advance, if any, required to be made pursuant to this Section 4.03 with respect to such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, during the period that such Appraisal will demonstrate Reduction Amount continues to exist, shall be reduced to equal the nonrecoverability product of (A) the amount of the related Advanceinterest portion of the subject P&I Advance that would otherwise be required to be made under this Section 4.03 in respect of such Trust Mortgage Loan or REO Trust Mortgage Loan, obtain as the case may be, without regard to this proviso, multiplied by (B) a fraction, the numerator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, reduced (to not less than zero) by such Appraisal Reduction Amount, and the denominator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be; and provided, further, that the existence of an Appraisal for such purpose at Reduction Amount with respect to, or that is allocable to, any Trust Mortgage Loan or REO Trust Mortgage Loan shall not affect the expense principal portion of any required P&I Advance with respect thereto. For purposes of determining the Trust. The Trustee shall amount of P&I Advances to be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advanceany Distribution Date, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer if an Appraisal Reduction Amount exists with respect to a particular P&I Advance.any Serviced Loan Combination, then such Appraisal Reduction Amount shall be allocated between the Mortgage Loans or REO Mortgage Loans, as applicable, in the subject Loan Combination as follows: (di) As and with respect to the extent permitted by Section 3.05(a)000 Xxxxxxx Xxxxxx Loan Combination, any Appraisal Reduction Amount shall be allocated, first, to the Master Servicer and the Trustee shall each be entitled 000 Xxxxxxx Xxxxxx Note B Non-Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto) (up to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of the outstanding principal balance of, and all accrued and unpaid interest (other than Default Interest) on, the 000 Xxxxxxx Xxxxxx Note B Non-Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto), and then, on a pro rata basis by principal balance, between the 000 Xxxxxxx Xxxxxx Trust Mortgage Loan and the 000 Xxxxxxx Xxxxxx Note A-2 Non-Trust Mortgage Loan (or between any successor REO Mortgage Loans with respect thereto); and (ii) with respect to each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (orServiced A/B Loan Combination, any Appraisal Reduction Amount shall, in each case, be allocated, first, to the case related Serviced Note B Non-Trust Mortgage Loan (or any successor REO Mortgage Loans with respect thereto) (up to the amount of Advance Interest payable the outstanding principal balance of, and all accrued and unpaid interest (other than Default Interest) on, such Serviced Note B Non-Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto)), and then, to the related Serviced Note A Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto). If the Master Servicer, if earlierthe Trustee or any Fiscal Agent makes a P&I Advance with respect to an Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, until then it shall promptly so notify the Late Collection related Outside Master Servicer of the delinquent principal and/or interest in respect of which each such P&I Advance was so made has been received by the Master Servicer or any of its Sub-Servicers), thereby and shall seek reimbursement for such P&I Advance (together with interest will be paid: first, thereon) out of any Default Charges collected on or in amounts otherwise payable with respect of to the related Mortgage Outside Serviced Loan during, and allocable to, the period, if any, Combination that it was a Specially includes such Outside Serviced Trust Mortgage Loan or an any successor REO Loan; Trust Mortgage Loan with respect thereto, to the maximum extent permitted by, and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available amounts specified for such purpose are deposited in the Certificate Accountunder, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeCo-Lender Agreement and/or the related Outside Servicing Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C1), Pooling and Servicing Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C1)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, Date the Master Servicer shall shall, subject to Section 3.04(c), either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Collection Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee (i) the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance or (ii) the requisite notice contemplated by Section 3.04(c)), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business 9:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that (i) were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that (ii) were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Collection Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 two Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor Sponsor and the Rating Agencies, setting forth the basis for such determination, together with ( (if such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc), Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time, ) on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____at facsimile number: (000) ____000-______ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) and by telephone (at telephone no. (____000) ___000-____ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) as soon as possible, but in any event before 3:00 p.m., 4:30 p.m. (New York City time, ) on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee Certificate Administrator does not receive the full amount of such P&I Advances by the close of business 9:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Certificate Administrator shall promptly notify the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on with respect to the part of the Master Servicerrelated Distribution Date. (b) The aggregate amount of P&I Advances to be made by the Master Servicer (or by the Trustee, if the Master Servicer fails to do so) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunderFees, that were due or deemed duedue and net of any Post-ARD Additional Interest, as the case may be, in respect thereof of the Mortgage Loans and any successor REO Mortgage Loans with respect thereto on their respective Due Dates during occurring in the related Collection Period and that were month in which such Distribution Date occurs, in each case to the extent such amount was not paid Received by or on behalf of the related Mortgagors or otherwise collected Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer (or, if applicable, the Trustee) that a prior P&I Advance (or Unliquidated Advance in respect thereof) that it has made constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable, good faith judgment. In making such recoverability determination, such Person will be entitled to consider (among other things) the obligations of the Borrower under the terms of the related Mortgage Loan as it may have been modified, to consider (among other things) the related Mortgaged Properties in their “as is” or then current conditions and occupancies, as modified by such party’s assumptions regarding the possibility and effects of future adverse change with respect to such Mortgaged Properties, to estimate and consider (among other things) future expenses and to estimate and consider (among other things) the timing of recoveries. In addition, any such Person may update or change its recoverability determinations at any time and may obtain from the Special Servicer any analysis, Appraisals or market value estimates or other information in the possession of the Special Servicer for such purposes. Any determination by the Master Servicer (or, if applicable, the Trustee) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (to the Depositor, the Special Servicer, the Certificate Administrator, the Subordinate Class Representative and, in any eventif made by the Master Servicer, the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve nine (9) months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers’ reports, environmental surveys or similar reports, that the Person making such determination may have obtained. A copy of any such Officer’s Certificate (and accompanying information) of the Trustee shall also be promptly delivered to the Certificate Administrator, the Subordinate Class Representative, the Majority Subordinate Certificateholder, the Special Servicer and the Master Servicer or for the Special Servicer may have obtained and that supports such determinationsubject Mortgage Loan. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this AgreementAbsent bad faith, the Master Servicer or Servicer’s determination as to the Special Servicerrecoverability of any P&I Advance shall be conclusive and binding on the Certificateholders and, as in all cases, the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The Special Servicer shall promptly furnish any party required to make P&I Advances hereunder with any information in its possession regarding the Specially Serviced Mortgage Loans and REO Properties as such party required to make P&I Advances may reasonably request. The Master Servicer shall consider Unliquidated Advances in respect of prior P&I Advances as outstanding Advances for purposes of recoverability determinations as if such Unliquidated Advance were a P&I Advance. The Special Servicer for each Mortgage Loan shall also be entitled to make a determination (subject to the same standards and procedures that apply in connection with a determination by the Master Servicer) to the effect that a prior P&I Advance (or Unliquidated Advance in respect thereof) previously made hereunder by the Master Servicer (or, if applicable, the Trustee) constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance by the Master Servicer (or, if applicable, the Trustee), if made, would constitute a Nonrecoverable P&I Advance, in which case such P&I Advance shall be entitled to rely on constitute a Nonrecoverable P&I Advance for all purposes of this Agreement. A copy of any determination Officer’s Certificate (and accompanying information) of nonrecoverability that may have been made by the Special Servicer with respect in support of its determination shall be promptly delivered to a particular P&I Advancethe Master Servicer for the subject Mortgage Loan. The Special Servicer may update or change its recoverability determination at any time. (d) As and to In the extent permitted by Section 3.05(a)case of each Mortgage Loan, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds), to the extent that such P&I Advance (i) relates to a Monthly Payment or Assumed Monthly Payment in respect of a Mortgage Loan that is a Past Grace Period Loan or an REO Mortgage Loan when made, in which case such interest shall begin to accrue from the related P&I Advance Date, or (ii) is made with respect to a Within Grace Period Loan and remains outstanding when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in which case such interest shall begin to accrue when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in either case, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received Received by the Master Servicer or Trust). Such interest with respect to any of its Sub-Servicers)P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.25, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall (subject to the operation of Section 3.05(a)(II)) reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby with respect to any Mortgage Loan or REO Mortgage Loan as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date on which P&I Advance Date. (e) [Reserved] (f) With regard to such P&I Advance was madeAdvances, the Master Servicer or the Trustee shall account for that part of the P&I Advances which is attributable to Past Grace Period Loans, and that part of the P&I Advances which is attributable to Within Grace Period Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C9), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C9)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) deposit into the Distribution Account from below, satisfy its own funds an amount equal obligations to make any required P&I Advances with respect to the aggregate amount of P&I Advances, if any, to be made related Distribution Date in respect of the related Mortgage Pool (other than the Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Distribution Date, (ii) apply Account amounts then held in the Certificate Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on Trustee for deposit in a Distribution Account in an amount equal to the Certificate Account, the Master Servicer shall use remaining portion of such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such required P&I Advances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 4:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____593-______ 7740 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____704) ___593-____ 7682 or (704) 593-7867 (or such alternative number provided by the Master Servicer bx xxx Xxxxxx Xervicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (11:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (or the Trustee Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) Date. If the Trustee fails to make any such failure shall constitute an Event of Default P&I Advance on the part of related Distribution Date, but the Master ServicerFiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or the Fiscal Agent, as the case may be, pursuant to the first paragraph of Section 4.03(a) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (cSection 4.03(c) below, equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and any related Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Mortgage Loans in the Mortgage Pool (exclusive of the Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto) on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, that if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal such Mortgage Loan or REO Mortgage Loan, then, in the event of subsequent delinquencies thereon, the interest portion amount of the each P&I Advance Advance, if any, required to be made in respect of such Required Mortgage Loan or REO Mortgage Loan, as the case may be, during the period that such Appraisal Loan for the related Distribution Date Reduction Amount continues to exist, shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (ix) the amount of the interest portion of such subject P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this proviso, multiplied by (iiy) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Mortgage Loan, as the case may be, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Mortgage Loan, as the case may be. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder under this Section 4.03 if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance pursuant to this Section 4.03 or that any proposed P&I Advance, if mademade pursuant to this Section 4.03, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed P&I Advance by Fiscal Agent and the Master Servicer, no less than 5 Business Days prior to Depositor on or before the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( any other information that supports such determination, including an appraisal (which appraisal shall have been conducted by an Independent Appraiser within the 12-month period preceding such determination is prior to in accordance with the liquidation standards of the Appraisal Institute taking into account the factors specified in Section 3.19), related Mortgage Loan or REO Property) a copy of an Appraisal Mortgagor operating statements and financial statements, budgets and rent rolls of the related Mortgaged Property Properties (to the extent available and/or in the Master Servicer's or REO Propertythe Special Servicer's possession), as the case may beengineers' reports, which shall have been performed within the twelve months preceding such determination, environmental surveys and further accompanied by any other information similar reports that the Master Servicer or may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that support such determination by the Master Servicer. If, in connection with the foregoing, it is necessary for the Master Servicer to obtain an appraisal, the Master Servicer shall so notify the Special Servicer may have obtained and that supports consult with the Special Servicer regarding such determinationappraisal. The Trustee and the Fiscal Agent shall deliver such Officer's Certificate as soon as practicable after its be entitled to rely, conclusively, on any determination by the Master Servicer that a P&I Advance, if made, would be a Nonrecoverable P&I Advance; provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be nonrecoverable. If Nonrecoverable P&I Advance, the Trustee or Fiscal Agent shall make such an Appraisal shall not have been Advance within the time periods required and performed pursuant by Section 4.03(a) unless the Trustee or the Fiscal Agent, in its good faith, reasonable discretion, makes a determination prior to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination times specified in Section 4.03(a) that such Appraisal will demonstrate the nonrecoverability of the related P&I Advance would be a Nonrecoverable P&I Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on Upon determining that any determination of nonrecoverability that may have been P&I Advance previously made by the Master Servicer or the Special Servicer with respect to a particular Specially Serviced Loan or REO Loan is a Nonrecoverable P&I Advance, and the Special Servicer shall report to the Master Servicer the Special Servicer's determination. The Master Servicer shall be entitled to conclusively rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advancesuch determination. (d) As and to the extent permitted by Section 3.05(a)The Master Servicer, the Master Servicer Trustee and the Trustee Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded monthly, accrued on the amount of each P&I Advance made thereby under this Section 4.03 (out of with its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Serviceroutstanding; provided that, if earlier, until the Late Collection grace period for the delinquent Monthly Payment as to which a P&I Advance was made under this Section has not elapsed as of the delinquent principal and/or interest in respect of which time such P&I Advance was made has been made, then the total interest so accrued on such P&I Advance prior to the expiration of such grace period, shall not exceed the amount of Default Charges, if any, collected in connection with the late payment of such delinquent Monthly Payment; and provided, further that, in no event shall interest so accrue on any P&I Advance as to which the corresponding Late Collection was received by the Master Servicer or any of its a Sub-Servicers), and such interest will Servicer on its behalf as of the related Master Servicer Remittance Date. Interest so accrued on any P&I Advance made under this Section shall be paidpayable: first, (i) out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, Pool during the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loansame Collection Period in which such Advance is reimbursed; and second(ii) to the extent that such Default Charges are insufficient, but only if the related Advance is being reimbursed at any the same time coinciding with or following the reimbursement of such P&I Advancehas been previously reimbursed pursuant to this Agreement, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Pool Custodial Account. As and to the extent provided by The Master Servicer shall, in accordance with Section 3.05(a), reimburse itself, the Master Servicer shall reimburse itself Trustee or the TrusteeFiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby under this Section 4.03 as soon as practicable after funds available for such purpose are deposited in the Certificate Pool Custodial Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Comm Mort Pass THR Certs Ser 2003-C2), Pooling and Servicing Agreement (Greenwich Capital Comm Mort Pass THR Certs Ser 2003-C2)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (including any Non-Serviced Mortgage Loan) or REO Loan (other than Balloon Payments) and any Assumed Monthly Paymentsportion of an REO Loan related to a Companion Loan), shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within two (2) Business Days of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C22), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C21)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (other than Balloon Paymentsincluding any Non-Serviced Mortgage Loan) and any Assumed Monthly Paymentsor REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Other Master Servicer and Other Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable under the applicable Non-Serviced Pooling and good faith determination that such Appraisal will demonstrate the nonrecoverability Servicing Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within one (1) Business Day of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling and Servicing Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling and Servicing Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling and Servicing Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of a Non-Serviced Whole Loan, an appraisal reduction has been made in accordance with the related Non-Serviced Pooling and Servicing Agreement and the Master Servicer has notice of such appraisal reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C12), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C12)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Subordinate Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionFor the avoidance of doubt, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by sole discretion provided in this Agreement to determine that any other information that the Master Servicer future P&I Advance or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such outstanding P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to the terms of this AgreementSection 3.05(a), the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds payable or allocable to a particular P&I Advance. (d) As and Subordinate Companion Loan Holder unless, subject to the extent permitted by Section 3.05(arelated Intercreditor Agreement, such P&I Advance is related to the related AB Mortgage Loan), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, and in no event (i) neither the Master Servicer nor the Trustee shall interest accrue in accordance with this Section 4.03(d) on make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges or prepayment premiums or any P&I Advance with respect to any Subordinate Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to which the corresponding Late Collection had been received as Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related date Appraisal Reduction (or, in the case of an AB Whole Loan, the portion of such Appraisal Reduction allocable to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on which such P&I Advance was madethe Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) Neither the Master Servicer nor the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-4FL Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Cibx), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Cibx)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-[______ __________] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. ([____) ___-____ _____] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans that are included in the Trust Fund delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of [___] Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; provided, further, that the Master Servicer shall not advance Excess Interest with respect to ARD Loans or a Prepayment Premium. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, with respect to the Mortgage Loans, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Trustee that it has made a Nonrecoverable P&I Advance has been made or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 [___] Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and Depositor, the Rating Agencies, the Directing Certificateholder, setting forth the basis for such determination, together with ( (such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve 12 months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The Master Servicer and the Master Servicer Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the The Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), to the extent that such P&I Advance relates to a Past Grace Period Loan when made, or remains outstanding when such Mortgage Loan becomes a Past Grace Period Loan, in which case such interest shall begin to accrue when such Mortgage Loan becomes a Past Grace Period Loan, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges collected on or as set forth in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO LoanSection 3.27; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in into the Certificate Account, Account and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made. (e) With regard to such P&I Advances, the Master Servicer, the Special Servicer or the Trustee shall account for that part of the P&I Advances that is attributable to Past Grace Period Loans, and that part of the P&I Advances that is attributable to Within Grace Period Loans.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____816) ____435-______ 2327 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 10:00 a.m. on the Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-2), Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-2)

P&I Advances. (a) On or before 1:00 12:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating 105 the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Servicer shall notify the Trustee and the Fiscal Agent by a certificate of the Servicing Officer of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 3 Business Days prior to such Distribution Date. If the Servicer fails to make a required P&I Advance by 12:30 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer an Event of Default as set forth in clause (a)(i) of Section 7.01 shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (occur and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of make such failure P&I Advance pursuant to a Servicing Officer of Section 7.05, and if the Master Servicer by facsimile transmission sent Trustee fails to telecopy no. (____) ____-______ (or make such alternative number provided P&I Advance by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.close of business, New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, the Fiscal Agent shall make such P&I Advance pursuant to Section 7.05 by 10:00 a.m., New York City time, on the immediately succeeding Business Day. In the event that the Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive and the full amount Fiscal Agent of such P&I Advances circumstances by the close of business 1:00 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The Subject to Section 4.03(c) and (e) below, the aggregate amount of P&I Advances to be made in by the Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalequal the aggregate of: (i) all Monthly Payments (in each case, subject net of related Servicing Fees) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf obligation of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided thatServicer to make such P&I Advances is mandatory, if an Appraisal Reduction Amount exists and with respect to any Required Appraisal Mortgage Loan or REO Loan, then, in shall continue until the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in on which the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amountproceeds, if any, and the denominator of which is equal received in connection with a Liquidation Event with respect thereto are to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datebe distributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. . (d) In addition, Nonrecoverable connection with the recovery of any P&I Advances shall be reimbursable Advance out of the Certificate Account pursuant to Section 3.05(a) ), the Servicer shall be entitled to pay itself, the Trustee or the Fiscal Agent, as the case may be (in reverse of such order with respect to any Mortgage Loan), out of general collections on the Mortgage Pool any amounts then on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountreimbursement. As and to the extent provided by Section 3.05(a), the Master The Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriatethe case may be, for any outstanding P&I Advance made thereby as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. 106 (e) Notwithstanding the foregoing, and in no event shall interest accrue in accordance with this Section 4.03(d(i) on any P&I Advance as to which the corresponding Late Collection had been received as none of the related date Servicer, the Trustee and the Fiscal Agent shall be required to make an advance for Penalty Charges, Prepayment Premiums or Yield Maintenance Charges and (ii) the amount required to be advanced in respect of delinquent Monthly Payments or Assumed Scheduled Payments on which Mortgage Loans that have been subject to an Appraisal Reduction Event will equal, with respect to any Distribution Date and any Mortgage Loan, the amount that would be required to be advanced by the Servicer without giving effect to the Appraisal Reduction less any Appraisal Reduction Amount with respect to such P&I Advance was madeMortgage Loan for such Distribution Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 p.m.In the event the Servicer fails to make any P&I Advance required to be made by it under the Servicing Agreement, New York City time, on each Master Servicer Remittance Date, then the Master Servicer (in the Master Servicer's capacity as successor Servicer, or in the Master Servicer's capacity as Master Servicer hereunder if such Servicer shall either not have been terminated and succeeded to under such Servicing Agreement) or any other successor Servicer shall be required to make such P&I Advance on the Distribution Date with respect to which the Servicer was required to make such Advance, subject to the Master Servicer's (or such successor Servicer's) determination of recoverability. The Master Servicer (or other successor Servicer) shall not be required to make any P&I Advance to cover any Relief Act Shortfall on any Mortgage Loan. If the Master Servicer (or other successor Servicer) is required to make any P&I Advances, such advances may be made by it (i) deposit into the Distribution Account from its own funds an amount equal or (ii) from the Custodial Account or Master Servicer Collection Account, to the aggregate amount extent of P&I Advancesfunds held therein for future distribution (in which case, if any, it will cause to be made an appropriate entry in respect the records of the related Distribution DateCustodial Account or Master Servicer Collection Account, (ii) apply as applicable, that amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months have been, as permitted by this Section 4.03, used by the Master Servicer (or other successor Servicer) in discharge of any such obligation to make P&I Advances, Advance) or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees or other successor Servicer) with respect to the Mortgage Loans and Workout Fees payable therefrom) to make such P&I AdvancesREO Properties. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's (or other successor Servicer's) records and replaced by the Master Servicer (or other successor Servicer) by deposit in the Certificate Custodial Account or the Master Servicer Collection Account, as applicable, on or before the next succeeding Determination any future Servicer Remittance Date (to the extent not previously replaced through that the deposit of Late Collections of Available Distribution Amount for the delinquent principal and/or interest in respect of which such related Distribution Date (determined without regard to P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, ) shall be less than the Trustee does not receive total amount that would be distributed to the full amount Classes of such P&I Advances by the close of business (New York City time) Certificateholders pursuant to Section 4.01 on such Master Servicer Remittance Date, then (i) unless the Trustee determines that Distribution Date if such Advance would be a Nonrecoverable amounts held for future distributions had not been so used to make P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerAdvances. (b) The aggregate amount obligation of the Master Servicer (or other successor Servicer) to make such P&I Advances to be made in respect is mandatory, notwithstanding any other provision of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, this Agreement but subject to subsection (cSection 4.03(c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Paymentsand, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal LoanMortgage Loan or REO Property, thenshall continue until a Final Recovery Determination in connection therewith or the removal thereof from REMIC I pursuant to any applicable provision of this Agreement, except as otherwise provided in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateSection. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder by the Master Servicer (or other successor Servicer) if such P&I Advance would, if made, constitute be deemed by the Master Servicer (or other successor Servicer) to be a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, (or other successor Servicer) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer (or other successor Servicer, no less than 5 Business Days prior ) delivered to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceTrustee. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Hyb2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Hyb3)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Trustee for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Servicer shall notify the Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, and if the Trustee fails to make such Master Servicer Remittance Date. If, after such noticeP&I Advance, the Trustee does not receive the full amount of Fiscal Agent shall make such P&I Advances Advance pursuant to Section 7.05 by the close of business (4:00 pm, New York City time, on the related Distribution Date in each case unless the Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Fiscal Agent) by 11:00 a.m. on such Master Servicer Remittance Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by the Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by the Servicer or any Sub-Servicer on behalf of the Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal a Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant With respect to Section 3.05(a) out of general collections on the Grace Building Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicableLoan, the Trustee, Servicer will be required to make its determination that it has made a Nonrecoverable P&I Advance on such Grace Building Mortgage Loan that is a Nonrecoverable Advance or that any proposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the Grace Building Mortgage Loan independently of any determination made by any Other Servicer under the related Other Pooling and Servicing Agreement in respect of a related Grace Building Companion Note, and the Other Servicer shall make its own determination that it has made a P&I Advance that is a Nonrecoverable Advance (as defined in such Other Pooling and Servicing Agreement) or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly Advance (and, as defined in any event, such Other Pooling and Servicing Agreement) with respect to a Grace Building Companion Note included in the case of Loan Pair in accordance with the Other Pooling and Servicing Agreement. If the Servicer determines that a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular Grace Building Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Grace Building Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, the Servicer shall provide the related Other Servicer written notice of such determination within one Business Day of the date of such determination. If the Servicer receives written notice from an Other Servicer that it has determined, by making a determination of non-recoverability under the Other Pooling and Servicing Agreement, with respect to a related Grace Building Companion Note that any proposed advance under such Other Pooling and Servicing Agreement that is similar to a P&I Advance would be, or any outstanding advance under such Other Pooling and Servicing Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then such determination shall not be binding on the Master Certificateholders. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Servicer shall be entitled to rely pay the Fiscal Agent and/or the Trustee, as applicable, and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds payable or allocable to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(aholder of a Grace Building Senior Companion Note), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the Master The Servicer shall reimburse itself or itself, the Fiscal Agent and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) none of the Servicer, the Trustee or the Fiscal Agent shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and in (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any of the Servicer, the Trustee or the Fiscal Agent be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P.Morgan Chase Commercial Mortgage Securities Series 2004-Cibc9), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C2)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Trustee for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on such the related Distribution Date, in each case unless the Master Servicer Remittance Date. If, after shall have cured such notice, the Trustee does not receive the full amount failure (and provided written notice of such P&I Advances cure to the Trustee) by the close of business 11:00 a.m. (New York City timeTime) on such Master Servicer Remittance Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan that it is responsible for servicing hereunder shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees, subject and in the case of the JQH Hotel Portfolio Mortgage Loan after the JQH Hotel Portfolio Servicing Transfer Event, the applicable servicing fees payable under this Agreement) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, with respect thereto are to be distributed. No P&I Advances shall be made with respect to a Companion Loan. (c) Notwithstanding anything herein to the contrary or as set forth in the related Intercreditor Agreement, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. With respect to the Franklin Mills Mortgage Loan, the Master Servicer will be required to mxxx xxx xxxxxxination that it has made a P&I Advance on the Franklin Mills Mortgage Loan that is a Nonrecoverable Advance or that axx xxxxxxxx X&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the Franklin Mills Mortgage Loan independently of any determination made by xxx Xxxxx Xxxvicer, under any Other Pooling and Servicing Agreement in respect thereof of any related Franklin Mills Pari Passu Companion Loan. Upon making such a determinatxxx xx xxxxxxxverability (and upon any reversal of such determination), the Master Servicer shall promptly notify in writing (together with supporting evidence for such determination) the Franklin Mills Pari Passu Companion Loan Holders (and any trustee or Otxxx Xxxxxxxx xnder a related Other Pooling and Servicing Agreement, as applicable). With respect to the ChampionsGate Mortgage Loan, the Master Servicer will be required to make its determination that it has made a P&I Advance on their respective Due Dates during the subject Mortgage Loan that is a Nonrecoverable Advance or that any proposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the subject Mortgage Loan. Upon any such determination, the Master Servicer shall provide written notice of such determination within two Business Days to each Other Servicer with respect to the ChampionsGate Pari Passu Companion Loan. Once such notice has been delivered or the Master Servicer has received notice from any Other Servicer with respect to the ChampionsGate Pari Passu Companion Loan of a nonrecoverability determination made by such Other Servicer, no party to this Agreement shall make any additional P&I Advances with respect to the related Collection Period Mortgage Loan until the Master Servicer has consulted with the Other Servicer under any Other Pooling and Servicing Agreement with respect to such Whole Loan and they agree that were circumstances with respect to the related Whole Loan have changed such that a proposed future P&I Advance would not paid be a Non-Recoverable Advance. Notwithstanding the foregoing, the Master Servicer shall not be required to abide by any determination of non-recoverability by any Other Servicer with respect to the ChampionsGate Whole Loan if, in accordance with the ChampionsGate Intercreditor Agreement, such Other Servicer no longer has the approval of S&P or Moody's (and such Rating Agency has rated the securities issued under txx xxxxted Other Pooling and Servicing Agreement). With respect to the Carespring Portfolio Mortgage Loan, the Master Servicer will be required to make its determination that it has made a P&I Advance on behalf the Carespring Portfolio Mortgage Loan that is a Nonrecoverable Advance or that any proposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the Carespring Portfolio Mortgage Loan independently of any determination made by any Other Servicer, under any Other Pooling and Servicing Agreement in respect of any related Carespring Portfolio Pari Passu Companion Loan. Upon making such a determination of nonrecoverability (and upon any reversal of such determination), the Master Servicer shall promptly notify in writing (together with supporting evidence for such determination) the Carespring Portfolio Pari Passu Companion Loan Holders (and any trustee or Other Servicer under a related Other Pooling and Servicing Agreement, as applicable). With respect to the JQH Hotel Portfolio Mortgage Loan, the Master Servicer will be required to make its determination that it has made a P&I Advance on the subject Mortgage Loan that is a Nonrecoverable Advance or that any proposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the subject Mortgage Loan. Upon any such determination, the Master Servicer shall provide written notice of such determination within two Business Days to each Other Servicer with respect to any JQH Hotel Portfolio Pari Passu Companion Loan. Once such notice has been delivered or the Master Servicer has received notice from any Other Servicer with respect to any JQH Hotel Portfolio Pari Passu Companion Loan of a nonrecoverability determination made by such Other Servicer, no party to this Agreement shall make any additional P&I Advances with respect to the related Mortgage Loan until the Master Servicer has consulted with the Other Servicer under any Other Pooling and Servicing Agreement with respect to such Whole Loan and they agree that circumstances with respect to the related Whole Loan have changed such that a proposed future P&I Advance would not be a Non-Recoverable Advance. Notwithstanding the foregoing, the Master Servicer shall not be required to abide by any determination of non-recoverability by any Other Servicer with respect to the JQH Hotel Portfolio Whole Loan if, in accordance with the JQH Hotel Portfolio Intercreditor Agreement, such Other Servicer no longer has the approval of S&P or Moody's (and such Rating Agency has rated the securities issued under txx xxxxted Other Pooling and Servicing Agreement). With respect to each Logan Portfolio Mortgage Loan, the Master Servicer will be required to xxxx its determination that it has made a P&I Advance on such Logan Portfolio Mortgage Loan that is a Nonrecoverable Advance or that xxx xroposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the applicable Logan Portfolio Mortgage Loan independently of any determination made bx xxx Other Servicer, under any Other Pooling and Servicing Agreement in respect of any related Logan Portfolio Pari Passu Companion Loan. Upon making such a determinaxxxx of nonrecoverability (and upon any reversal of such determination), the Master Servicer shall promptly notify in writing (together with supporting evidence for such determination) the applicable Logan Portfolio Pari Passu Companion Loan Holders (and any trustee or Oxxxx Servicer under a related Other Pooling and Servicing Agreement, as applicable). (d) In connection with the recovery of any P&I Advance out of the related Mortgagors applicable Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in such Certificate Account (but in no event from any funds payable or otherwise collected as allocable to a holder of any Serviced Securitized Companion Loan), interest at the close of business Reimbursement Rate in effect from time to time, accrued on the last day amount of such P&I Advance from the date made to but not including the date of reimbursement; provided, however, no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Collection Period; provided thatDue Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is received after the Determination Date but on or prior to the related P&I Advance Date. The Master Servicer shall reimburse itself and the Trustee, as the case may be, for any outstanding P&I Advance, subject to Section 3.19 of this Agreement, as soon as practicably possible after funds available for such purpose are deposited in its Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction Amount exists has been made with respect to any Required Appraisal Loan, then, Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (ix) the amount of the interest portion of such P&I Advance for such Required Appraisal Mortgage Loan for such Distribution Date without regard to this proviso, multiplied by subsection (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction AmountReduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (cf) Notwithstanding anything herein to the contrary, In no P&I Advance event shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that either the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such be required to make a P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant with respect to the terms any Companion Loan. (g) None of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall advance any amount due to be entitled to rely on any determination of nonrecoverability that may have been made paid by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and Swap Counterparty for distribution to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeClass A-2FL Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp11), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp11)

P&I Advances. (a) On or before 1:00 12:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Servicer shall notify the Trustee and the Fiscal Agent by a certificate of the Servicing Officer of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 3 Business Days prior to such Distribution Date. If the Servicer fails to make a required P&I Advance by 12:30 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer an Event of Default as set forth in clause (a)(i) of Section 7.01 shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (occur and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of make such failure P&I Advance pursuant to a Servicing Officer of Section 7.05, and if the Master Servicer by facsimile transmission sent Trustee fails to telecopy no. (____) ____-______ (or make such alternative number provided P&I Advance by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.close of business, New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, the Fiscal Agent shall make such P&I Advance pursuant to Section 7.05 by 10:00 a.m., New York City time, on the immediately succeeding Business Day. In the event that the Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive and the full amount Fiscal Agent of such P&I Advances circumstances by the close of business 1:00 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The Subject to Section 4.03(c) and (e) below, the aggregate amount of P&I Advances to be made in by the Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalequal the aggregate of: (i) all Monthly Payments (in each case, subject net of related Servicing Fees) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf obligation of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided thatServicer to make such P&I Advances is mandatory, if an Appraisal Reduction Amount exists and with respect to any Required Appraisal Mortgage Loan or REO Loan, then, in shall continue until the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in on which the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amountproceeds, if any, and the denominator of which is equal received in connection with a Liquidation Event with respect thereto are to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datebe distributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. . (d) In addition, Nonrecoverable connection with the recovery of any P&I Advances shall be reimbursable Advance out of the Certificate Account pursuant to Section 3.05(a) ), the Servicer shall be entitled to pay itself, the Trustee or the Fiscal Agent, as the case may be (in reverse of such order with respect to any Mortgage Loan), out of general collections on the Mortgage Pool any amounts then on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountreimbursement. As and to the extent provided by Section 3.05(a), the Master The Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriatethe case may be, for any outstanding P&I Advance made thereby as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, and in no event shall interest accrue in accordance with this Section 4.03(d(i) on any P&I Advance as to which the corresponding Late Collection had been received as none of the related date Servicer, the Trustee and the Fiscal Agent shall be required to make an advance for Penalty Charges, Prepayment Premiums or Yield Maintenance Charges and (ii) the amount required to be advanced in respect of delinquent Monthly Payments or Assumed Scheduled Payments on which Mortgage Loans that have been subject to an Appraisal Reduction Event will equal, with respect to any Distribution Date and any Mortgage Loan, the amount that would be required to be advanced by the Servicer without giving effect to the Appraisal Reduction less any Appraisal Reduction Amount with respect to such P&I Advance was madeMortgage Loan for such Distribution Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect thereto are to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datedistributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionFor the avoidance of doubt, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by sole discretion provided in this Agreement to determine that any other information that the Master Servicer future P&I Advance or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such outstanding P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to the terms of this AgreementSection 3.05(a), the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and pay the Trustee shall each and itself (in that order of priority) as the case may be entitled to receive out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges or prepayment premiums and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and in no event shall interest accrue in accordance with this Section 4.03(d(y) on any P&I Advance a fraction, expressed as a percentage, the numerator of which is equal to which the corresponding Late Collection had been received as Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related date Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on which such P&I Advance was madethe Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-C6), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-C6)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect thereto are to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datedistributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionFor the avoidance of doubt, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by sole discretion provided in this Agreement to determine that any other information that the Master Servicer future P&I Advance or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such outstanding P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to the terms of this AgreementSection 3.05(a), the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and pay the Trustee shall each and itself (in that order of priority) as the case may be entitled to receive out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums or Balloon Payment and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and in no event shall interest accrue in accordance with this Section 4.03(d(y) on any P&I Advance a fraction, expressed as a percentage, the numerator of which is equal to which the corresponding Late Collection had been received as Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related date Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on which such P&I Advance was madethe Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-C8), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-C8)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(e) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees (and, in the case of the 2007-C30 Serviced Mortgage Loans, the Xxxxxx Xxxxxxx 2007-IQ14 Serviced Mortgage Loan and the GECMC 2007-C1 Serviced Mortgage Loan, servicing fees due to the 2007-C30 Master Servicer, the Xxxxxx Xxxxxxx 2007-IQ14 Master Servicer or the GECMC 2007-C1 Master Servicer, as the case may be, to the extent not so otherwise paid pursuant to the related Intercreditor Agreement) due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were in each case, to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection Period; provided thatthat (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers’ reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, by the Master Servicer or the Special Servicer. As soon as reasonably practical after making such determination, the Special Servicer shall report to the Master Servicer the Special Servicer’s determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall conclusively rely on such determination by the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustSpecial Servicer. The Trustee (i) shall be entitled to rely, conclusively, on any determination by the Master Servicer and (ii) shall conclusively rely on any determination of nonrecoverability by the Special Servicer that may a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee shall rely on the Master Servicer’s determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have been made sufficient time to make such determination); provided, however, that, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer or the Special Servicer that such P&I Advance would be Nonrecoverable Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in accordance with respect the standard of care set forth in Section 8.01(a), makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a particular Nonrecoverable Advance. The Trustee, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, and if made, would be, a Nonrecoverable Advance shall be subject to the standards set forth in Section 8.01(a) hereunder, including utilizing its good faith business judgment to make such determination. (d) In connection with the recovery by the Master Servicer or the Trustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to rely pay itself or the Trustee, as the case may be, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made (provided, however, no such P&I Advance is outstanding (orinterest shall accrue during any grace period under a Mortgage Loan) to but not including the date of reimbursement, in the case of Advance Interest payable such interest to be payable, subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in related Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received by the Master Servicer on or prior to the related P&I Advance Date. (e) In no event shall the Master Servicer or the Trustee make a P&I Advance with respect to any Companion Loan. (f) None of the Master Servicer, the Paying Agent or the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-5FL Certificates. (g) Notwithstanding the foregoing, with respect to the Non-Serviced Mortgage Loans, the Master Servicer shall make its determination that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance with respect to such Non-Serviced Mortgage Loan independently of any determination made by any master servicer with respect to a commercial mortgage securitization holding any Non-Serviced Companion Loan under the related Non-Serviced Mortgage Loan Pooling Agreement in respect of such Non-Serviced Companion Loan. If the Master Servicer determines that a proposed P&I Advance with respect to any such Non-Serviced Mortgage Loan if made, or any outstanding P&I Advance with respect to such Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, the Master Servicer shall provide any master servicer with respect to each securitization that holds a related Non-Serviced Companion Loan under the related Non-Serviced Mortgage Loan Pooling Agreement, written notice of such determination within one Business Day of the date of such determination. If the Master Servicer receives written notice from any master servicer with respect to a securitization that holds a related Non-Serviced Companion Loan under the related Non-Serviced Mortgage Loan Pooling Agreement that it has determined, with respect to the related Non-Serviced Companion Loan, that any proposed advance of principal and/or interest with respect to such Non-Serviced Companion Loan would be, or any outstanding advance of principal and/or interest is, a nonrecoverable advance of principal and/or interest, then such determination shall be binding on the Certificateholders and none of the Master Servicer or the Trustee shall make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless the Master Servicer has consulted with the other related master servicer(s) and they agree that circumstances with respect to the related Whole Loan have changed such that a proposed future P&I Advance in respect of the related date Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance; provided, however, that the determination of any master servicer with respect to a securitization that holds a related Non-Serviced Companion Loan under the related Non-Serviced Mortgage Loan Pooling Agreement shall not be binding on which the Certificateholders, and the Master Servicer or the Trustee, as applicable, shall make its own determination of recoverability, in the event that the master servicer that made such determination is not approved as a master servicer by each of S&P and Xxxxx’x. Notwithstanding the foregoing, the Master Servicer shall continue to have the discretion provided in this Agreement to determine that any future P&I Advance was made.or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable P&I Advance. Once such a determination is made by the Master Servicer or the Master Servicer receives written notice of such determination by any of the other related master servicers, none of the Master Servicer or the Trustee shall make any additional P&I Advances with respect to the applicable Non-Serviced Mortgage Loan until the Master Servicer has followed the process set forth in this paragraph. In the event that the Master Servicer receives notice from any of Xxxxx’x or S&P that it is no longer approved as a master servicer for commercial mortgage securitizations, it shall promptly notify the master servicer with respect to each securitization that holds a related Non-Serviced Companion Loan under the related Non-Serviced Mortgage Loan Pooling Agreement. The Master Servicer shall not be required to abide by any determination of nonrecoverability by the master servicer with respect to each securitization that holds a related Non-Serviced Companion Loan under the related Non-Serviced Mortgage Loan Pooling Agreement if such master servicer is no longer approved as a servicer for commercial securitizations by Xxxxx’x and S&P.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C31), Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C31)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees, subject and in the case of each Non-Serviced Mortgage Loan, the applicable servicing fees payable under this Agreement) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Other Master Servicer and Other Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within one (1) Business Day of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Lc9), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Lc9)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower Tier REMIC Distribution Account, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (other than Balloon Paymentsincluding any Non-Serviced Mortgage Loan) and any Assumed Monthly Paymentsor REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Subapplicable Non-Servicers), and such interest will be paid: first, out of any Default Charges collected on or Serviced Pooling Agreement in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.related

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C18), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C17)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Trustee for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the applicable Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfEach Master Servicer shall notify the Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If any Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, in each case unless such Master Servicer Remittance Date. If, after shall have cured such notice, the Trustee does not receive the full amount failure (and provided written notice of such P&I Advances cure to the Trustee) by the close of business (New York City time) 11:00 a.m. on such Master Servicer Remittance Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by any Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan that it is responsible for servicing hereunder shall equalbe equal to: (i) all Monthly Payments (or in the case of the Houston Galleria Trust Subordinate Companion Loan, subject only the interest portion of the Monthly Payment due on the Houston Galleria Trust Subordinate Companion Loan (net of related Servicing Fees) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment (or, with respect to the Houston Galleria Trust Subordinate Companion Loan, only the interest portion of the Assumed Scheduled Payment for the Houston Galleria Trust Subordinate Companion Loan) therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) each Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal a Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Pari Passu Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, No. 1 will be required to make its determination that it has made a Nonrecoverable P&I Advance on such Pari Passu Loan that is a Nonrecoverable Advance or that any proposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to such Pari Passu Loan independently of any determination made by any Other Servicer under the related Other Pooling and Servicing Agreement in respect of the related Serviced Pari Passu Companion Loan (following its deposit into a securitization trust created under the related Other Pooling and Servicing Agreement), and the Other Servicer shall make its own determination that it has made a P&I Advance that is a Nonrecoverable Advance (as defined in such Other Pooling and Servicing Agreement) or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly Advance (and, as defined in any event, such Other Pooling and Servicing Agreement) with respect to the Serviced Pari Passu Companion Loan in accordance with the case of Other Pooling and Servicing Agreement. If the Master Servicer No. 1 or Special Servicer determines that a proposed P&I Advance with respect to a Pari Passu Loan, if made, or any outstanding P&I Advance with respect to a Pari Passu Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, Master Servicer No. 1 shall provide the related Other Servicer written notice of such determination within one Business Day of the date of such determination. If Master Servicer No. 1 receives written notice from an Other Servicer that it has determined, by making a determination of non-recoverability under the Master ServicerOther Pooling and Servicing Agreement, no less than 5 Business Days prior with respect to the related Serviced Pari Passu Companion Loan that any proposed advance under such Other Pooling and Servicing Agreement that is similar to a P&I Advance would be, or any outstanding advance under such Other Pooling and Servicing Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then such determination shall be binding on the Certificateholders and none of Master Servicer Remittance Date) No. 1 or the Trustee shall make any additional P&I Advances with respect to the Trustee (or, if applicable, retained thereby), related Pari Passu Loan unless the Depositor applicable Master Servicer has consulted with the Other Servicer and they agree that circumstances with respect to such Loan Pair have changed such that a proposed future P&I Advance or an advance under the Rating Agencies, setting forth the basis for such determination, together with ( such determination Other Pooling and Servicing Agreement that is prior similar to the liquidation of the related Mortgage Loan a P&I Advance would not be a Nonrecoverable Advance or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Propertynonrecoverable advance, as the case may be. Notwithstanding the foregoing, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination continue to have the discretion provided in this Agreement to determine that such any future P&I Advance or outstanding P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the applicable Certificate Account, pursuant to the terms of this AgreementSection 3.05(a), the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the applicable Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by pay the Special Servicer with respect to a particular P&I Advance. (d) As Trustee and to itself or the extent permitted by Section 3.05(a), the other Master Servicer and (if amounts in such other Master Servicer's Certificate Account are not sufficient for such reimbursement) (in that order of priority) as the Trustee shall each case may be entitled to receive out of any amounts then on deposit in such Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the Each Master Servicer shall reimburse itself itself, the Trustee or the Trusteeother Master Servicer (if amounts in such other Master Servicer's Certificate Account are not sufficient for such reimbursement), as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the its Certificate Account. (e) Notwithstanding the foregoing, (i) none of the Master Servicers or the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and in (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicers or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as any Companion Loan. (g) None of the related date on which such P&I Advance was madeMaster Servicers or the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-2FL Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp. Series 2005-Ldp5), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp. Series 2005-Ldp5)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account, but shall be deposited into the Certificate Account for payment to CREFC® on such Distribution Date. The Master Servicer or the Trustee, as applicable, shall provide the applicable Non-Serviced Master Servicer and Non-Serviced Trustee written notice of making a required P&I Advance hereunder within two (2) Business Days of making such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerAdvance. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect to any Distribution Date and each Mortgage Loan shall be equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, that were due on the Mortgage Loans (including, without limitation, Balloon including any Non-Serviced Mortgage Loans delinquent as to their respective Balloon PaymentsLoan) and any REO Loans for Loan (other than any Distribution portion of an REO Loan related to a Companion Loan) during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date shall equal(or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), subject an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (including any Non-Serviced Mortgage Loan) or REO Loan (other than Balloon Payments) and any Assumed Monthly Paymentsportion of an REO Loan related to a Companion Loan), shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, applicable Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within two (2) Business Days of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. (d) As and Serviced Companion Noteholder, except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C21), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2014-C20)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Paying Agent) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Paying Agent shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect thereto are to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datedistributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionFor the avoidance of doubt, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by sole discretion provided in this Agreement to determine that any other information that the Master Servicer future P&I Advance or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such outstanding P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to the terms of this AgreementSection 3.05(a), the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and pay the Trustee shall each and itself (in that order of priority) as the case may be entitled to receive out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges or prepayment premiums and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this clause (ii), and in no event shall interest accrue in accordance with this Section 4.03(d(y) on any P&I Advance a fraction, expressed as a percentage, the numerator of which is equal to which the corresponding Late Collection had been received as Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related date Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on which such P&I Advance was madethe Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2011-C5), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2011-C5)

P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time, ) on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____at facsimile number: (000) ____000-______ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) and by telephone (at telephone no. (____000) ___000-____ (or such alternative number provided by the Master Servicer to the Trustee in writing0000) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business 4:30 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.P&I

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C8), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C8)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Distribution Account from its own funds into (x) the Lower Tier REMIC Distribution Account, an amount equal to the aggregate amount of P&I Advances, if any, with respect to the Mortgage Loans to be made in respect of the related Distribution Date, and (y) the U-Haul Self Storage REMIC Distribution Account, an amount equal to the amount of P&I Advances, if any, with respect to the Trust Companion Loan to be made in respect of the related Distribution Date, (iiii)(x) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I AdvancesAdvances with respect to the Mortgage Loans, and (y) apply amounts held in the Certificate Account, for future distribution to the Holders of the Class UHP Certificates in subsequent months in discharge of any such obligation to make P&I Advances with respect to the Trust Companion Loan, or (iii) make P&I Advances in the form of any combination of clauses (ii)(x) and (iiii)(x) or clauses (i)(y) and (ii)(y), as applicable, aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso with respect to the preceding sentence) Mortgage Loans or the Trust Companion Loan, as applicable, shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances (x) with respect to the Mortgage Loans, as and (y) with respect to the Trust Companion Loan, for a Distribution Date and (ii) the amount of 1:00 any Nonrecoverable P&I Advances (x) with respect to the Mortgage Loans and (y) with respect to the Trust Companion Loan, for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have made any P&I Advance required to be made on cured such date pursuant to this Section 4.03(a) failure (and shall not have delivered provided written notice of such cure to the Trustee and the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Administrator) by 11:00 a.m., then New York City time, on such Distribution Date. In the Trustee shall provide notice of such failure to a Servicing Officer of event that the Master Servicer by facsimile transmission sent fails to telecopy no. (____) ____-______ (or such alternative number provided by make a required P&I Advance hereunder, the Master Servicer to Certificate Administrator shall notify the Trustee in writing) and of such circumstances by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance the related P&I Advance Date. IfNotwithstanding the foregoing, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such any P&I Advances that was required Advance equal to bethe CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans or the Trust Companion Loan, as applicable, shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account or U-Haul Self Storage REMIC Distribution Account, as applicable, but was not, made by shall be deposited into the Master Servicer Certificate Account for payment to CREFC® on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDistribution Date. (b) The aggregate Subject to Section 4.03(c) and Section 4.03(e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan or the Trust Companion Loan, as applicable, shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan or the Trust Companion Loan, as applicable, as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan (other than any portion of an REO Loan related to a Companion Loan) as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments the Master Servicer to make such P&I Advances is mandatory, and with respect to any Mortgage Loan (including any Non-Serviced Mortgage Loan), Trust Companion Loan or REO Loan (other than Balloon Payments) and any Assumed Monthly Paymentsportion of an REO Loan related to a Companion Loan), shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to each Non-Serviced Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, will be required to make its determination (based on information provided by the Trustee, Non-Serviced Master Servicer and Non-Serviced Special Servicer) that it has made a P&I Advance on such Non-Serviced Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I AdvanceAdvance would, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in Advance with respect to such Non-Serviced Mortgage Loan independently of any event, in the case of a proposed P&I Advance determination made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the applicable Non-Serviced Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the applicable Non-Serviced Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate under the nonrecoverability applicable Non-Serviced Pooling Agreement in respect of the related Non-Serviced Companion Loan. If the Master Servicer or Special Servicer determines that a proposed P&I Advance with respect to a Non-Serviced Mortgage Loan, if made, or any outstanding P&I Advance with respect to a Non-Serviced Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, obtain an Appraisal for the Master Servicer shall provide the applicable Non-Serviced Master Servicer, written notice of such purpose at the expense determination within two (2) Business Days of the Trustdate of such determination. The Trustee shall be entitled If the Master Servicer receives written notice from the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, that either has determined in accordance with the applicable Non-Serviced Pooling Agreement with respect to rely on a Non-Serviced Companion Loan, that any determination of nonrecoverability proposed advance under the applicable Non-Serviced Pooling Agreement that may have been made by is similar to a P&I Advance would be, or any outstanding advance under such Non-Serviced Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the Master Servicer or the Special Servicer Trustee may, based upon such determination, determine that any P&I Advance previously made or proposed to be made with respect to the related Non-Serviced Mortgage Loan, will be a particular Nonrecoverable P&I Advance. Thereafter, in either case, the Master Servicer shall not be required to make any additional P&I Advances with respect to the related Non-Serviced Mortgage Loan unless and until the Master Servicer or the Trustee, as the case may be, determines that any such additional P&I Advances with respect to the related Non-Serviced Mortgage Loan would not be a Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the related Non-Serviced Master Servicer or the related Non-Serviced Special Servicer, as the case may be, or otherwise. For the avoidance of doubt, the Master Servicer or the Trustee, as the case may be, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account, pursuant to Section 3.05(a), the Master Servicer shall be entitled to rely pay the Trustee and itself (in that order of priority) as the case may be, out of any amounts then on deposit in the Certificate Account (but in no event from any determination of nonrecoverability that may have been made by the Special Servicer with respect funds allocable to a particular P&I Advance. Serviced Companion Noteholder (d) As and or the Trust Companion Loan (unless related thereto), except to the extent permitted by Section 3.05(apursuant to the terms of the related Intercreditor Agreement), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (orfrom the date made to but not including the date of reimbursement; provided, in the case of Advance Interest payable to the Master Servicerhowever, if earlier, until the Late Collection of the delinquent principal and/or that no interest in respect of which such will accrue on any P&I Advance was (i) made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in with respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was to a Specially Serviced Mortgage Loan or an REO the Trust Companion Loan; and second, at any time coinciding with or following as applicable, until after the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans related Due Date has passed and any REO Properties applicable grace period has expired or (ii) if the related Monthly Payment is received after the Determination Date but on deposit in the Certificate Account. As and or prior to the extent provided by Section 3.05(a), the related P&I Advance Date. The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest, late payment charges, prepayment premiums, Balloon Payment or any P&I Advance with respect to any Companion Loan and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan or the Trust Companion Loan, as applicable, (or, in the case of a Non-Serviced Whole Loan, an Appraisal Reduction has been made in accordance with the related Non-Serviced Pooling Agreement and the Master Servicer has notice of such Appraisal Reduction) then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan or the Trust Companion Loan, as applicable, for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan or the Trust Companion Loan, as applicable, for such Distribution Date without regard to this clause (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan or the Trust Companion Loan, as applicable, immediately prior to such Distribution Date, net of the related Appraisal Reduction (or, in the case of a Serviced Whole Loan, the portion of such Appraisal Reduction allocated to the related Mortgage Loan, or, in the case of the U-Haul Self Storage Whole Loan, the portion of any Appraisal Reduction allocated to the Trust Companion Loan), if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan or the Trust Companion Loan, as applicable, immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C23), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C22)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and unless the Master Servicer shall be entitled to rely on any determination have cured such failure (and provided written notice of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and such cure to the extent permitted by Section 3.05(a), the Master Servicer Trustee and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own fundsPaying Agent) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.11:00 a.m.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Cibc20), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Cibc17)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the applicable Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfEach Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, unless such Master Servicer Remittance shall have cured such failure (and provided written notice of such cure to the Trustee and the Paying Agent) by 11:00 a.m. on such Distribution Date. If, after such noticeIn the event that any Master Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive the full amount of such P&I Advances circumstances by the close of business 4:30 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by any Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees, subject and in the case of the 599 Lexington Avenue Mortgage Loan and the AmeriCold Portfolio Mortgage Xxxx, xxx xxxxxxxxxe servicing fees payable under this Agreement) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the applicable Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) each Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal a Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionWith respect to the 599 Lexington Avenue Mortgage Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the applicable Master Servicer or, if applicable, the Trustee, will xx xxxxxxxx xx xxxx its determination that it has made a P&I Advance on such 599 Lexington Avenue Mortgage Loan that is a Nonrecoverable Advance or xxxx xxx xxxxxxxx X&I Advance would, if made, constitute a Nonrecoverable Advance with respect to such 599 Lexington Avenue Mortgage Loan independently of any determination mxxx xx xxx 000 Xxxxxgton Avenue Master Servicer or the 599 Lexington Avenue Speciax Xxxxxxxx, xx xxxxxcable, under the 2007-LDX00 Xxxxxxx Xxxxxxxxt in respect of the related 599 Lexington Avxxxx Xxxxxxxxx Xxxns, and the 599 Lexington Avenue Mastxx Xxxxxxxx xx xxx 099 Lexington Avenue Speciax Xxxxxxxx, xx xxxxxcable, shall make its owx xxxxxxxxxxxxx xxxx it has made a P&I Advance that is a Nonrecoverable Advance (as defined in the 2007-LDP10 Pooling Agreement) or that any proposed P&I Advance, if made, xxxxx xxxxxxxxxx a Nonrecoverable Advance (as defined in the 2007-LDP10 Pooling Agreement) with respect to the 599 Lexington Avenue Xxxxxxxxx Xxxxx xx accordance with the 2007-LDP10 Xxxxxxx Xxxxxxxxx. Xf the applicable Master Servicer or Specxxx Xxxxxxxx xxxxxmines that a proposed P&I Advance with respect to a 599 Lexington Avenue Mortgage Loan, if made, or any outstanding P&I Advxxxx xxxx xxxxxxx xx a 599 Lexington Avenue Mortgage Loan previously made, would be, or is, as xxxxxxxxxx, x Xxxxxcoverable Advance, the Master Servicer shall provide the 599 Lexington Avenue Master Servicer, written notice of such determinatxxx xxxxxx xxx Xxxxxess Day of the date of such determination. If the applicable Master Servicer receives written notice from the 599 Lexington Avenue Master Servicer or the 599 Lexington Avenue Speciax Xxxxxxxx, xx xxxxxcable, that it has deterxxxxx, xx xxxxxx x xetermination of non-recoverability under the 2007-LDP10 Pooling Agreement, with respect to the 599 Lexington Avenue Xxxxxxxxx Xxxxx, xhat any proposed advance under txx 0000-XXX00 Xxxxxxg Agreement that is similar to a P&I Advance would be, xx xxx xxxxxxxxxxg advance under such 2007-LDP10 Pooling Agreement that is similar to a P&I Advance is, a nonxxxxxxxxxxx xxxxxxe, then the applicable Master Servicer or the Trustee, may, based upon such determination by the 599 Lexington Avenue Master Servicer or the 599 Lexington Avenue Speciax Xxxxxxxx, xx xxxxxcable, determine that anx X&X Xxxxxxx xxxxxxusly made or proposed to be made with respect to the related 599 Lexington Avenue Mortgage Loan, will be a Nonrecoverable P&I Advancx, xxx xxxxxxxxxx xxall not be required to make any additional P&I Advances with respect to the related 599 Lexington Avenue Mortgage Loan unless and until the applicable Mastxx Xxxxxxxx xx xxx Xrustee, as applicable, determines that any such additional P&I Advances with respect to the related 599 Lexington Avenue Mortgage Loan would not be a Nonrecoverable P&I Adxxxxx, xxxxx xxxxxxxnation may be as a result of consultation with the 599 Lexington Avenue Master Servicer or the 599 Lexington Avenue Speciax Xxxxxxxx, xx xxxxxcable, or otherwise. For xxx xxxxxxxxx xx xxubt, the applicable Master Servicer or the Trustee, as applicable, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (d) With respect to each AmeriCold Portfolio Mortgage Loan, the applicable Master Servicer will be required to make its determination that it has made a P&I Advance on such AmeriCold Portfolio Mortgage Loan that is a Nonrecoverable Advance or that any proposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to such AmeriCold Portfolio Mortgage Loan independently of any determination made by the AmeriCold Portfolio Master Servicer or the AmeriCold Portfolio Special Servicer, as applicable, under the 2007-CIBC18 Pooling Agreement in respect of the related AmeriCold Portfolio Companion Loans, and the AmeriCold Portfolio Master Servicer or the AmeriCold Portfolio Special Servicer, as applicable, shall make its own determination that it has made a P&I Advance that is a Nonrecoverable Advance (as defined in the 2007-CIBC18 Pooling Agreement) or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly Advance (and, in any event, as defined in the case of 2007-CIBC18 Pooling Agreement) with respect to the AmeriCold Portfolio Companion Loans in accordance with the 2007-CIBC18 Pooling Agreement. If the applicable Master Servicer or Special Servicer determines that a proposed P&I Advance by with respect to a AmeriCold Portfolio Mortgage Loan, if made, or any outstanding P&I Advance with respect to a AmeriCold Portfolio Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, the applicable Master Servicer shall provide the AmeriCold Portfolio Master Servicer, no less than 5 written notice of such determination within one Business Days prior to Day of the related date of such determination. If the applicable Master Servicer Remittance Date) to receives written notice from the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the AmeriCold Portfolio Master Servicer or the AmeriCold Portfolio Special Servicer may have obtained and Servicer, as applicable, that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its it has determined, by making a determination of non-recoverability under the 2007-CIBC18 Pooling Agreement, with respect to the AmeriCold Portfolio Companion Loans, that such any proposed advance under the 2007-CIBC18 Pooling Agreement that is similar to a P&I Advance would be nonrecoverable. If be, or any outstanding advance under such an Appraisal shall not have been required and performed pursuant 2007-CIBC18 Pooling Agreement that is similar to a P&I Advance is, a nonrecoverable advance, then the terms of this Agreement, the applicable Master Servicer or the Trustee, may, based upon such determination by the AmeriCold Portfolio Master Servicer or the AmeriCold Portfolio Special Servicer, as the case may beapplicable, may, subject determine that any P&I Advance previously made or proposed to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of be made with respect to the related AmeriCold Portfolio Mortgage Loan, will be a Nonrecoverable P&I Advance, obtain an Appraisal for such purpose at and thereafter shall not be required to make any additional P&I Advances with respect to the expense of related AmeriCold Portfolio Mortgage Loan unless and until the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the applicable Master Servicer or the Special Servicer Trustee, as applicable, determines that any such additional P&I Advances with respect to the related AmeriCold Portfolio Mortgage Loan would not be a particular Nonrecoverable P&I Advance, and which determination may be as a result of consultation with the AmeriCold Portfolio Master Servicer or the AmeriCold Portfolio Special Servicer, as applicable, or otherwise. For the avoidance of doubt, the applicable Master Servicer or the Trustee, as applicable, shall have the sole discretion provided in this Agreement to determine that any future P&I Advance or outstanding P&I Advance would be, or is, as applicable, a Nonrecoverable Advance. (e) In connection with the recovery of any P&I Advance out of the applicable Certificate Account, pursuant to Section 3.05(a), the applicable Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and pay the Trustee shall each and itself (in that order of priority) as the case may be entitled to receive out of any amounts then on deposit in such Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the Each Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the its Certificate Account. (f) Notwithstanding the foregoing, (i) neither the Master Servicers nor the Trustee shall make an advance for Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and in (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (g) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicers or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Cibc19)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts held in the Certificate Account received after the Determination Date with respect to the related Collection Period or for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have deposited in the Distribution Account the Available Distributions Amount for the Next Distribution Date or made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event apply. To the extent that the Master Servicer fails to remit funds required to be remitted by it to the Trustee by the close of Default business on the part of Business Day immediately preceding the Distribution Date, the Master Servicer shall be required to compensate the Trustee in an amount agreed upon by the Trustee and the Master Servicer. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the sum of (x) the aggregate the Quarterly Pay Interest Deposits in respect of the Quarterly Pay Loans minus the aggregate amount withdrawn from the Quarterly Pay Interest Reserve Account for such Distribution Date and (y) the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Master Servicing Fees and any related Recovery Fees, due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including received as net income from REO Properties) as of the close of business on the last day related Determination Date; provided, that, (i) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Collection PeriodMaster Servicing Fees and any related Recovery Fees) in the event of subsequent delinquencies thereon; provided that, and (ii) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) only an amount equal to equal the product of (iA) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (ii), multiplied by (iiB) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( any other information, including Appraisals or, if no such determination is prior Appraisal has been performed pursuant to the liquidation of the related Mortgage Loan or REO Property) this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, if available, engineers' reports, environmental surveys and further accompanied by any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund, that support such determination by the Master Servicer. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability by the Master Servicer that may a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have been sufficient time to make such determination); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be Nonrecoverable Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in good faith, makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards applicable to the Master Servicer hereunder. (d) Except as set forth herein, in connection with the recovery by the Master Servicer or the Special Servicer with respect Trustee of any P&I Advance out of the Certificate Account pursuant to a particular P&I Advance, and Section (a) the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer pay itself and the Trustee shall each be entitled to receive out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is from the date made to but not including the date of reimbursement. The Master Servicer shall reimburse itself and the Trustee for any outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding accordance with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the ) as soon as practicable. The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had have been received as of by the related date on which such P&I Advance was madeMaster Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Trustee for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the applicable Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfEach Master Servicer shall notify the Trustee and the Co-Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If any Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Co-Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, in each case unless such Master Servicer Remittance shall have cured such failure (and provided written notice of such cure to the Trustee and the Co-Trustee) by 11:00 a.m. (New York City Time) on such Distribution Date. If, after such noticeIn the event that any Master Servicer fails to make a required P&I Advance hereunder, the Trustee does not receive shall notify the full amount Co-Trustee of such P&I Advances circumstances by the close of business 4:30 p.m (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by any Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan that it is responsible for servicing hereunder shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees, subject and in the case of the Non-Serviced Mortgage Loans, the applicable servicing fees payable under this Agreement) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) each Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, with respect thereto are to be distributed. No P&I Advances shall be made with respect to a Companion Loan. (c) Notwithstanding anything herein to the contrary or as set forth in the related Intercreditor Agreement, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. With respect to the 599 Lexington Avenue Mortgage Loan, the Master Servicer will be requirex xx xxxx xxx xxxxxxination that it has made a P&I Advance on the 599 Lexington Avenue Mortgage Loan that is a Nonrecoverable Advance or xxxx xxx xxxxxxxx X&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the 599 Lexington Avenue Mortgage Loan independently of any determination mxxx xx xxx Xxxxx Xxxvicer, under any Other Pooling Agreement in respect thereof of any related 599 Lexington Avenue Pari Passu Companion Loan. Upon making such a detexxxxxxxxx xx xxxxxxxverability (and upon any reversal of such determination), the applicable Master Servicer shall promptly notify in writing (together with supporting evidence for such determination) the 599 Lexington Avenue Pari Passu Companion Loan Holders (and any trustee xx Xxxxx Xxxxxxxx xnder a related Other Pooling and Servicing Agreement, as applicable). With respect to the Skyline Portfolio Mortgage Loan and the Solana Mortgage Loan, the Master Servicer will be required to make its determination that it has made a P&I Advance on their respective Due Dates during the subject Mortgage Loan that is a Nonrecoverable Advance or that any proposed P&I Advance would, if made, constitute a Nonrecoverable Advance with respect to the subject Mortgage Loan. Upon any such determination, the Master Servicer shall provide written notice of such determination within 2 Business Days to each Other Servicer with respect to any Skyline Portfolio Pari Passu Companion Loan or Solana Pari Passu Companion Loan, as applicable. Once such notice has been delivered or the Master Servicer has received notice from any Other Servicer with respect to any Skyline Portfolio Pari Passu Companion Loan or Solana Pari Passu Companion Loan, as applicable, of a nonrecoverability determination made by such Other Servicer, no party to this Agreement shall make any additional P&I Advances with respect to the related Collection Period Mortgage Loan until the Master Servicer has consulted with each related master servicer under any Other Pooling and Servicing Agreement with respect to such Whole Loan and they agree that were circumstances with respect to the related Whole Loan have changed such that a proposed future P&I Advance would not paid be a Non-Recoverable Advance. Notwithstanding the foregoing, the Master Servicer shall not be required to abide by any determination of non-recoverability by any Other Servicer with respect to the Skyline Portfolio Whole Loan or on behalf the Solana Whole Loan if the Trustee or the Master Servicer has received notice from S&P, Fitch or Moody's that such Other Servicer no longer has the approval of S&P, Fitxx xx Xoody's (and the notifying rating agency has rated the securities issuex xxxxx the related Other Pooling and Servicing Agreement). (d) In connection with the recovery of any P&I Advance out of the related Mortgagors applicable Certificate Account, pursuant to Section 3.05(a), the applicable Master Servicer shall be entitled to pay the Co-Trustee and itself or otherwise collected the other Master Servicer (if amounts in such other Master Servicer's Certificate Account are not sufficient for such reimbursement) (in that order of priority) as the case may be out of any amounts then on deposit in such Certificate Account (but in no event from any funds payable or allocable to a holder of any Serviced Securitized Companion Loan), interest at the close of business Reimbursement Rate in effect from time to time, accrued on the last day amount of such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Collection Period; provided thatDue Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is received after the Determination Date but on or prior to the related P&I Advance Date. Each Master Servicer shall reimburse itself or the other Master Servicer (if amounts in such other Master Servicer's Certificate Account are not sufficient for such reimbursement) and the Co-Trustee, as the case may be, for any outstanding P&I Advance, subject to Section 3.19 of this Agreement, as soon as practicably possible after funds available for such purpose are deposited in its Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicers nor the Co-Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction Amount exists has been made with respect to any Required Appraisal Loan, then, Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (ix) the amount of the interest portion of such P&I Advance for such Required Appraisal Mortgage Loan for such Distribution Date without regard to this proviso, multiplied by subsection (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction AmountReduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (cf) Notwithstanding anything herein to In no event shall either the contrary, no P&I Advance shall Master Servicers or the Co-Trustee be required to be made hereunder if such make a P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceCompanion Loan. (dg) As and None of the Master Servicers or the Co-Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the extent permitted by Section 3.05(a), the Master Servicer Class A-2SFL Certificates and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its SubClass A-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeJFL Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp10)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day related Determination Date; provided, that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Collection PeriodServicing Fees) in the event of subsequent delinquencies thereon; provided that, and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that support such determination by the Master Servicer. On the fourth Business Day before each Distribution Date, the Special Servicer may have obtained and that supports shall report to the Master Servicer the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination. The Trustee shall deliver be entitled to rely, conclusively, on any determination by the Master Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such Officer's Certificate as soon as practicable after its determination); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be nonrecoverable. If Nonrecoverable Advance, the Trustee shall make such an Appraisal shall not have been Advance within the time periods required and performed pursuant by Section 4.03(a) unless the Trustee, in good faith, makes a determination prior to the terms of this Agreementtimes specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards applicable to the Master Servicer hereunder. (d) In connection with the recovery by the Master Servicer or the Special ServicerTrustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to pay itself or the Trustee, as the case may be, mayout of any amounts then on deposit in the Certificate Account, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made to but not including the date of reimbursement such P&I Advance is outstanding (orinterest to be payable, in the case of Advance Interest payable subject to the Master Servicerterms of a Co-Lender Agreement with respect to the related Loan Pair, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and ; provided, however, that no interest shall accrue on any P&I Advance made with respect to a Mortgage Loan if the related Periodic Payment is received prior to the due date of such Mortgage Loan or the expiration of any applicable grace period. To the extent provided by Section 3.05(a)the Master Servicer receives late payment charges or Penalty Interest on a Mortgage Loan for which interest on Advances related to such Mortgage Loan has been paid from general collections on deposit in the Certificate Account during the preceding 12-month period and not previously reimbursed, the Master Servicer shall deposit in the Certificate Account, on or prior to the P&I Advance Date following the collection of such late payment charges or Penalty Interest, an amount equal to the lesser of (i) the amount of late payment charges or Penalty Interest received on such Mortgage Loan or (ii) the amount of interest paid to the Master Servicer on the related P&I Advance for such Mortgage Loan during such 12-month period for which the Trust Fund has not been previously reimbursed. The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received as of by the Master Servicer on or prior to the related date on which such P&I Advance was madeDate. (e) In no event shall the Master Servicer or the Trustee make a P&I Advance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Pass THR Cer Ser 2001-C3)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each P&I Advance Date, each Master Servicer Remittance Dateshall, the Master Servicer shall subject Section 4.03(c), either (i) remit from its own funds to the Trustee for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any made by such Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the such Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:30 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee does not receive the full amount of such P&I Advances by the close of business (6:00 p.m., New York City time) , on such Master Servicer Remittance P&I Advance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make (not later than 11:00 a.m., New York City time, on the related Distribution Date) make, and if the Trustee fails to do so, any Fiscal Agent shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make, the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on with respect to the part of the Master Servicerrelated Distribution Date. (b) The aggregate amount of P&I Advances to be made by each Master Servicer in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments) as to which such Master Servicer is the applicable Master Servicer and any successor REO Mortgage Loans on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Borrower or otherwise collected by or on behalf of the Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the a Master Servicer (or, if applicable, the Trustee, Trustee or any Fiscal Agent) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable judgment and shall be evidenced by an Officer's Certificate delivered promptly (to the Depositor, to the applicable Special Servicer, to the Controlling Class Representative and, in any eventif made by a Master Servicer, to the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve 12 months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers' reports, environmental surveys or similar reports, that the Master Servicer or the Special Servicer Person making such determination may have obtained and that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee any Fiscal Agent shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the a Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master . Each Special Servicer shall be entitled promptly furnish any party required to rely on make P&I Advances hereunder with any determination of nonrecoverability that information in its possession regarding the Specially Serviced Mortgage Loans and REO Properties as such party required to make P&I Advances may have been made by the Special Servicer with respect to a particular P&I Advancereasonably request. (d) As and to the extent permitted by Section 3.05(a)The Master Servicers, the Master Servicer Trustee and the Trustee any Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds) ), for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by prior to the Master Servicer or end of any grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding following the end of its Sub-Servicerssuch grace period). Such interest with respect to any P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.26, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate applicable Master Servicer's Collection Account. As and to the extent provided by Section 3.05(a), the The applicable Master Servicer shall reimburse itself itself, the Trustee or the Trusteeany Fiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby with respect to any Mortgage Loan or REO Mortgage Loan as soon as practicable after funds available for such purpose are deposited in the Certificate such Master Servicer's Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date on which such P&I Advance was madeDate. A Master Servicer shall not be entitled to Advance Interest on any particular P&I Advance made thereby to the extent a payment is received but is being held by or on behalf of such Master Servicer in suspense.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass THR Cert Ser 2001-Ckn5)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-[______ ____] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. ([____) ___-__] or [____ ______] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(e) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were Period, to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection Period; provided that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers’ reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, by the Master Servicer or the Special Servicer. As soon as reasonably practical after making such determination, the Special Servicer shall report to the Master Servicer the Special Servicer’s determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination by the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustSpecial Servicer. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a particular P&I Advance, and the Trustee shall rely on the Master Servicer’s determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such determination); provided, however, that, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer or the Special Servicer that such P&I Advance would be Nonrecoverable Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in accordance with the standard of care set forth in Section 8.01(a), makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards set forth in Section 8.01(a) hereunder, including utilizing its good faith business judgment to make such determination. (d) In connection with the recovery by the Master Servicer or the Trustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to rely pay itself or the Trustee, as the case may be, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made (provided, however, no such P&I Advance is outstanding (orinterest shall accrue during any grace period under a Mortgage Loan) to but not including the date of reimbursement, in the case of Advance Interest payable such interest to be payable, subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received as by the Master Servicer on or prior to the related P&I Advance Date. (e) In no event shall the Trustee make a P&I Advance with respect to any Companion Loan. (f) Subject to Section 4.03(b) and Section 4.03(c), the Master Servicer shall make P&I Advances in respect of the related date on [_______________________] Companion Loan only during such time the [____________________________] Companion Loan is included in a securitization or a collateralized debt obligation in which such interests therein are issued or created pursuant to the terms of the [________________] Intercreditor Agreement. With respect to any P&I Advance was mademade on the [______________________] Companion Loan, the Master Servicer shall be entitled to recovery of such amounts from the holder thereof. For the avoidance of doubt, the Trust Fund shall not be liable for any recoveries of P&I Advances made by the Master Servicer on the [_______________________] Companion Loan. Notwithstanding anything to the contrary contained herein, the Trustee shall have no obligation hereunder to, and shall not make P&I Advances in respect of, the [______________________] Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____816) ____435-______ 2327 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-1)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall shall, subject Section 4.03(c), either (i) remit from its own funds to the Trustee for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:30 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted on such date, then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee does not receive the full amount of such P&I Advances by the close of business (6:00 p.m., New York City time) , on such Master Servicer Remittance P&I Advance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make (not later than 11:00 a.m., New York City time, on the related Distribution Date) make, and if the Trustee fails to do so, any Fiscal Agent shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make, the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on with respect to the part of the Master Servicerrelated Distribution Date. (b) The aggregate amount of P&I Advances to be made by the Master Servicer in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments and including the Crystal Pavilion/Xxxxx Building Mortgage Loan) and any REO Mortgage Loans on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Borrower or otherwise collected by or on behalf of the Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer (or, if applicable, the Trustee, Trustee or any Fiscal Agent) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable, good faith judgment and shall be evidenced by an Officer's Certificate delivered promptly (to the Depositor, to the Special Servicer, to the Controlling Class Representative and, in any eventif made by the Master Servicer, to the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve 12 months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers' reports, environmental surveys or similar reports, that the Master Servicer or the Special Servicer Person making such determination may have obtained and that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee any Fiscal Agent shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master . The Special Servicer shall be entitled promptly furnish any party required to rely on make P&I Advances hereunder with any determination of nonrecoverability that information in its possession regarding the Specially Serviced Mortgage Loans and REO Properties as such party required to make P&I Advances may have been made by the Special Servicer with respect to a particular P&I Advancereasonably request. (d) As and to the extent permitted by Section 3.05(a)The Master Servicer, the Master Servicer Trustee and the Trustee any Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds) ), for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by prior to the Master Servicer or end of any grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding following the end of its Sub-Servicerssuch grace period). Such interest with respect to any P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.26, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself itself, the Trustee or the Trusteeany Fiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date on which such P&I Advance was madeDate. The Master Servicer shall not be entitled to Advance Interest to the extent a payment is received but is being held by or on behalf of the Master Servicer in suspense.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Fr Bs Mor Sec Cp Com Mor Ps Th Ce Ser 2001-Ck1)

P&I Advances. (a) Not later than 12:00 p.m. (Eastern time) on each Determination Date, the Servicer shall deliver to the Trustee, by electronic transmission (or on such other medium as to which the Servicer and the Trustee may agree from time-to-time), the Collection Report for the related Distribution Date, which report may omit the delinquency status of the Mortgage Loans in the aggregate and in each Sub-Pool and the aggregate amount of P&I Advances to be made on such Distribution Date with respect to each Sub-Pool, together with such other information relating to the Mortgage Assets in the aggregate and to each Sub- Pool as the Trustee shall reasonably require in order to perform its obligations under this Agreement. The Trustee shall, not later than 12:00 p.m. (Eastern time) on the fifth Business Day following the Trustee's receipt of the Collection Report, furnish by facsimile a statement to the Servicer setting forth the Sub-Pool I Available Distribution Amount and the Sub-Pool II Available Distribution Amount and the amount to be withdrawn from the Collection Account and delivered to the Trustee for deposit in the Distribution Account pursuant to the first paragraph of Section 3.04(b) in respect of the related Distribution Date. The Trustee shall have no obligation to recompute, verify or recalculate the information provided to it by the Servicer in the Collection Report. (b) On the third Business Day prior to the related Distribution Date, the Servicer shall deliver to the Trustee, by electronic transmission (or on such other medium as to which the Servicer and the Trustee may agree from time-to-time), a report that shall contain all information permitted to be omitted from the Collection Report delivered pursuant to Section 4.03(a) above. (c) On or before 1:00 p.m., New York City 3:00 p.m. (Eastern time), on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) pay to the Trustee for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the Mortgage Loans and REO Properties in each Sub-Pool for the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account allocable to such Sub-Pool (other than any portion thereof that constitutes a part of the Available Distribution Amount for future distribution to Certificateholders in subsequent months such Sub-Pool on the related Distribution Date) in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and or (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of made by the delinquent principal and/or interest Servicer with respect to the Mortgage Assets and REO Properties in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesSub-Pool. Any amounts held in the Certificate Collection Account for future distribution and so used pursuant to clauses (ii) or (iii) of the immediately preceding sentence to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date relating to the Distribution Date in respect of which such amounts will constitute a portion of the Available Distribution Amount in respect of the affected Sub-Pool (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City If by 3:00 p.m. (Eastern time, ) on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall not have received from the Servicer the aggregate amount of P&I Advances, if any, to be made by the Servicer on such P&I Advance Date as calculated in accordance with Section 4.03(d), the Trustee shall immediately so notify the Servicer by telephone. The Trustee shall make all P&I Advances for any Distribution Date to the portion extent that the Servicer shall be in default of its obligation to make such P&I Advances that was as required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicerhereunder. (bd) The aggregate amount of P&I Advances to be made by the Servicer in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (ce) below, equal the aggregate of of: (i) with respect to each Mortgage Asset other than an REO Loan and other than a Non-Monthly Loan that does not have a Due Date in the related Due Period, all Monthly Scheduled Payments (net of the Servicing Fee), other than Balloon Payments, due (without regard to any acceleration of principal under the related Mortgage Note and Mortgage) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Due Period and that for which no previous advance was made, which Scheduled Payments were not paid by or on behalf of the related Mortgagors or otherwise collected delinquent as of the close of business on the last day related Determination Date; (ii) with respect to each Balloon Mortgage Loan as to which the related Balloon Payment was due (without regard to any acceleration of principal under the related Mortgage Note and Mortgage) during or prior to the related Due Period and was delinquent as of the close of business on the related Determination Date, the excess, if any, of (A) the Assumed Scheduled Payment in respect of such Balloon Mortgage Loan for the Due Date during the related Due Period (net of the Servicing Fee), over (B) any amounts received as of the related Collection Determination Date (and not previously distributed to Certificateholders) that were paid by the related Mortgagor under a forbearance arrangement entered into pursuant to Section 3.19 and applied as interest (net of the Servicing Fee) on or principal of such Balloon Mortgage Loan (exclusive of any portion thereof representing Late Collections reimbursable to the Servicer for prior P&I Advances); (iii) with respect to each NonMonthly Loan that does not have a Due Date in the related Due Period, the Monthly Portion of the Scheduled Payment (at the Servicer's option, net of the Servicing Fee) for such Due Period; provided thatand (iv) with respect to each REO Loan, the excess, if an Appraisal Reduction Amount exists any, of (A) the REO Payment in respect of such REO Loan for the Due Date during the related Due Period (net of the Servicing Fee), over (B) any related REO Revenues received during the related Due Period applied as interest (net of the Servicing Fee) on the related REO Loan (exclusive of any portion thereof representing Late Collections reimbursable to the Servicer for prior P&I Advances). (e) The obligation of the Servicer to make such P&I Advances is mandatory, notwithstanding any other provision of this Agreement other than the next succeeding paragraph, and with respect to any Required Appraisal LoanMortgage Loan or REO Loan in a particular Sub-Pool, thenshall continue until the Distribution Date on which the proceeds, if any, received in connection with a Liquidation Event with respect thereto are to be distributed. Notwithstanding anything herein to the event of subsequent delinquencies thereoncontrary, if, with respect to either Sub-Pool, the interest portion of applicable Available Sub-Pool Coverage Amount and the Excess Coverage Amount, if any, have become exhausted, the Servicer shall be obligated to make a P&I Advance in respect of any Mortgage Asset or REO Loan in such Required Appraisal Loan for Sub-Pool only to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount extent of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard thereof equal to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net excess of the related Appraisal Reduction Amount, if any, aggregate of the Class Balances of the Certificates of the applicable Sub-Pool over the aggregate Uncovered Portion thereof (as reported to the Servicer by the Trustee promptly upon written request) and the denominator of which is equal to the Stated Principal Balance aggregate of the Class Balances of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrarySub-Pool. Additionally, no P&I Advance with respect to a particular Mortgage Asset shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, Advance shall be evidenced by an Officer's Officers' Certificate delivered promptly to the Mortgage Loan Seller, the FDIC and the Trustee no later than the Business Day following such determination which Officers' Certificate shall set forth such determination of nonrecoverability and the procedure and consideration of the Servicer forming the basis of such determination (andincluding, without limitation, an appraisal conducted in any eventaccordance with (i) the Uniform Standards of Professional Appraisal Practice, in the case of a proposed P&I Advance as published by the Master ServicerAppraisal Standards Board of the Appraisal Foundation or (ii) MAI standards (the cost of which shall be an Extraordinary Expense) rent rolls, no less than 5 occupancy status, property inspections and Servicer inquiries). (f) The amount of any reimbursement pursuant to Section 3.05(a)(viii) in respect of any unreimbursed Advance shall be allocated: first, to specific REO Properties (to the full extent of any such Advances outstanding with respect to each), as to which title thereto has been held on behalf of the related Sub-Pool of the Trust Fund for the longest period of time; and second, to specific Mortgage Assets in each Sub-Pool (to the full extent of any such Advances outstanding with respect to each), as to which Scheduled Payments have been delinquent for the longest period of time. Allocation among REO Properties that have been held for the same period of time, or among Mortgage Assets that have similar numbers of delinquent Scheduled Payments, may be made by the Servicer in its discretion. (g) The rights of the Servicer and/or the Trustee to be reimbursed for all Servicing Advances and P&I Advances, together with interest thereon shall be an obligation of the related Sub-Pool of the Trust Fund for which the Servicer and/or the Trustee has not been reimbursed and shall, subject to the limitations of this Agreement as to the source of funds for such reimbursement and the timing of such reimbursement, be prior to the rights of Certificateholders to receive distributions on their respective Certificates. (h) On the third Business Days Day prior to the related Master Demand Date, the Servicer Remittance Date) shall provide to the Trustee (or, if applicable, retained thereby), a report containing such information as the Depositor and Trustee shall require to prepare the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior demand to the liquidation of FDIC for payments under the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustLimited Guaranty. The Trustee shall be entitled under no obligation to rely on any determination of nonrecoverability that may have been made by the Master Servicer recompute or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advanceverify such information. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fdic Remic Trust 1996-C1)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts held in the Certificate Account received after the Determination Date with respect to the related Collection Period or for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____000-______ 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___000-____ 000-0000 (or such alternative number provided -120- by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (4:00 p.m., New York City time) , on such Master Servicer Remittance P&I Advance Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on the Distribution Date immediately following such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance P&I Advance Date and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any P&I Advance required to be made under this Section 4.03(a), the Fiscal Agent shall, subject to Section 4.03(c), make such failure P&I Advance not later than 2:00 p.m., New York City time, on such Distribution Date and, if the Fiscal Agent makes such P&I Advance the Trustee shall constitute an Event of Default on the part of the Master Servicernot be in default under this Agreement. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or the Fiscal Agent in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees, Special Servicing Fees and any related Principal Recovery Fees, due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including received as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, (i) if the Monthly Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Monthly Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Servicing Fees, Special Servicing Fees and any related Principal Recovery Fees) in the event of subsequent delinquencies thereon; and (ii) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer, the Trustee or the Fiscal Agent will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) only an amount equal to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisosentence, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed Fiscal Agent and the Depositor on or before the related P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( any other information, including Appraisals or, if no such determination is prior Appraisal has been performed pursuant to the liquidation of the related Mortgage Loan or REO Property) this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determinationdetermination by the Master Servicer. The Trustee and the Fiscal Agent shall deliver be entitled to rely, conclusively, on any determination by the Master Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee or the Fiscal Agent, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee or Fiscal Agent, as applicable, determines that it does not have sufficient time to make such Officer's Certificate as soon as practicable after its determination); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be nonrecoverable. If Nonrecoverable Advance, the Trustee or Fiscal Agent, as applicable, shall make such an Appraisal shall not have been Advance within the time periods required and performed pursuant by Section 4.03(a) unless the Trustee or the Fiscal Agent, in good faith, makes a determination prior to the terms of this Agreementtimes specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee and the Fiscal Agent, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards applicable to the Master Servicer or hereunder. (d) In connection with the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made recovery by the Master Servicer Servicer, the Trustee or the Special Servicer with respect Fiscal Agent of any P&I Advance out of the Certificate Account pursuant to a particular P&I AdvanceSection 3.05(a), and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)pay itself, the Master Servicer and Trustee or the Trustee shall each be entitled to receive Fiscal Agent out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountreimbursement. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself itself, the Trustee or the Trustee, as appropriate, Fiscal Agent for any outstanding P&I Advance made thereby in accordance with Section 3.05(a) as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madepracticable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i), subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). IfIf the Master Servicer does not deposit in the Distribution Account, as of 1:00 p.m., on or before 4:00 p.m. New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any full amount of P&I Advance Advances, if any, required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to in respect of the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Distribution Date, then the Trustee provisions of Sections 7.01 and 7.02 shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Master Servicing Fees, Special Servicing Fees, any Master Servicer Strip and any related Principal Recovery Fees, due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, (i) if the Monthly Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Monthly Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Master Servicing Fees, Master Servicer Strip, Special Servicing Fees and any related Principal Recovery Fees) in the event of subsequent delinquencies thereon; (ii) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists, the Master Servicer will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) only an amount equal to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisosentence, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan; and (iii) provided further that, if the date on which any Balloon Payment is scheduled to be due on any Mortgage Loan is extended by the Special Servicer in accordance with Section 3.20 and the Loan-to-Value Ratio for such Mortgage Loan at the time of such extension is in excess of 100%, then (unless the Class A-1 Certificates, the Class A-2 Certificates and the Class A-3 Certificates are collectively the Controlling Class or such Mortgage Loan becomes a Required Appraisal Loan) the interest portion of any P&I Advance that would otherwise be made in respect of such Mortgage Loan immediately prior during the extension period shall be reduced by an amount equal to the product of (i) such Distribution Dateinterest portion, multiplied by (ii) a fraction, the numerator of which is the excess, if any, of (A) the then aggregate Stated Principal Balance of the Mortgage Pool, over (B) the then aggregate of the Class Principal Balances of those Classes of REMIC II Regular Certificates (other than the Class IO Certificates) with an earlier alphabetical Class designation than the Controlling Class, and the denominator of which is the then aggregate Stated Principal Balance of the Mortgage Pool. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the any other information, including appraisals, related Mortgage Loan or REO Property) a copy of an Appraisal Mortgagor operating statements and financial statements, budgets and rent rolls of the related Mortgaged Property or REO PropertyProperties, as the case may beengineers' reports, which shall have been performed within the twelve months preceding such determination, environmental surveys and further accompanied by any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any Trust Fund, that support such determination of nonrecoverability that may have been made by the Master Servicer or Servicer. (d) In connection with its recovery of any P&I Advance out of the Special Servicer with respect Certificate Account pursuant to a particular P&I AdvanceSection 3.05(a), and the Master Servicer shall be entitled to rely pay itself, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountreimbursement. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriate, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer (or an Alternate Advancer pursuant to Section 4.03(f)) shall either (i) apply amounts held in the Certificate Account received after the Determination Date with respect to the related Collection Period or for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 2:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Master Servicing Fees and any related Principal Recovery Fees, due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including received as net income from REO Properties) as of the close of business on the last day related Determination Date; provided, that, (i) if the Monthly Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Monthly Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Collection PeriodMaster Servicing Fees and any related Principal Recovery Fees) in the event of subsequent delinquencies thereon; provided that, and (ii) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) only an amount equal to equal the product of (iA) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (ii), multiplied by (iiB) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( any other information, including Appraisals or, if no such determination is prior Appraisal has been performed pursuant to the liquidation of the related Mortgage Loan or REO Property) this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund, that support such determination by the Master Servicer. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability by the Master Servicer that may a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have been sufficient time to make such determination); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be Nonrecoverable Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in good faith, makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards applicable to the Master Servicer hereunder. (d) Except as set forth herein, in connection with the recovery by the Master Servicer or the Special Servicer with respect Trustee of any P&I Advance out of the Certificate Account pursuant to a particular P&I AdvanceSection 3.05(a), and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer pay itself and the Trustee shall each be entitled to receive out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is from the date made to but not including the date of reimbursement. The Master Servicer shall reimburse itself and the Trustee for any outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding accordance with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the ) as soon as practicable. The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by the Master Servicer as of the related date P&I Advance Date. (e) With respect to any Mortgage Loan which the Master Servicer or an Affiliate thereof owns an equity interest in the related Mortgagor, if the Master Servicer makes a P&I Advance with respect to such Mortgage Loan, it shall only be entitled to interest on which such P&I Advance was madeat the Reimbursement Rate, and only to the extent of (i) any Default Interest received with respect to such Mortgage Loan and (ii) any Liquidation Proceeds received with respect to such Mortgage Loan in excess of (a) the outstanding principal balance of such Mortgage Loan, (b) all accrued and unpaid interest on such Mortgage Loan at the related Mortgage Rate, (c) all other related and unreimbursed Servicing Advances plus any accrued interest thereon, (d) any reasonable costs and expenses incurred by the Trust Fund in connection with the liquidation of such Mortgage Loan and (e) any Additional Trust Fund Expenses in respect of such Mortgage Loan. (f) With respect to any Mortgage Loan which the Master Servicer or an Affiliate thereof owns an equity interest in the related Mortgagor, the Master Servicer may appoint another Person (which is not an Affiliate of the Master Servicer) satisfactory to the Trustee to make P&I Advances with respect to such Mortgage Loans (such Person, an "Alternate Advancer"), provided that the Master Servicer gives prior notice specifying the terms of such appointment (which shall also be satisfactory to the Trustee) to the Special Servicer, the Trustee and the Rating Agencies and that the Trustee shall have received from each Rating Agency written assurance that such appointment will not cause the qualification, downgrading or withdrawal of the then current rating on any Class of Certificates. Such Alternate Advancer shall be entitled to receive reimbursement on any P&I Advances made by it, together with interest thereon, as and to the same extent as the Master Servicer is entitled with respect to other Mortgage Loans and the Master Servicer shall be authorized to withdraw funds from the Certificate Account in order to effect such reimbursement (with interest). The appointment of an Alternate Advancer shall not relieve the Master Servicer of its ultimate responsibility to make any required Advance, and the failure to make any required Advance by either the Master Servicer or its Alternate Advancer shall be an Event of Default by the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____000-______ 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___000- 000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, If after such notice, notice the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. If the Trustee is required in accordance with this Section 4.03(a) to make any P&I Advance or portion thereof, but fails to do so by 10:00 a.m., New York City time, on the related Distribution Date, then, unless the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Fiscal Agent shall make such P&I Advance or other advance not later than 11:30 a.m., New York City time, on such Distribution Date and, thereby, the Trustee shall not be in default under this Agreement. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related - 132 - Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the TrusteeTrustee or the Fiscal Agent, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor Fiscal Agent (or, if applicable, retained thereby), the Sponsor and the Rating Agencies, setting forth the basis for such determination, together with ( (if such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Each of the Trustee or Fiscal Agent, as applicable, shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund. The Trustee and the Fiscal Agent shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer Servicer, the Trustee and the Trustee Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Penalty Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time) on each P&I Advance Date, on each Master Servicer Remittance Dateshall, the Master Servicer shall subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating -242- the total amount of P&I Advances to be mademade by such Master Servicer; provided provided, that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections give preference to amounts in clause (net ii) of any Master Servicing Fees and Workout Fees payable therefrom) to make such this sentence for purposes of making P&I Advances. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the such Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the such Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., 4:30 p.m. (New York City time, ) on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee Certificate Administrator does not receive the full amount of such P&I Advances by the close of business 9:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Certificate Administrator shall promptly notify the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, and the Fiscal Agent (but in any event before 10:00 a.m. (New York City time) and the Trustee (or the Fiscal Agent on its behalf) shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by such Master Servicer with respect to the related Distribution Date. Notwithstanding the foregoing, all P&I Advances with respect to the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan are required to be made by the 1290 Avenue of the Americas Master Servicer pursuant to, and as and when required by, the 1290 Avenue of the Americas Servicing Agreement and/or the 1290 Avenue of the Americas Intercreditor Agreement. If, as of 11:00 a.m., New York City time, on any Master Servicer Remittance Date, the 1290 Avenue of the Americas Master Servicer shall not have advanced the portion of any P&I Advance required to be made pursuant to the 1290 Avenue of the Americas Servicing Agreement that is allocable to the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan (and shall not have delivered to the Master Servicer an officer's certificate and documentation related to a determination of nonrecoverability of a P&I Advance as contemplated by the 1290 Avenue of the Americas Servicing Agreement), then (subject to Section 4.03(c) below) the applicable Master Servicer shall make the portion of such P&I Advance that was required to be, but was not, made by the 1290 Avenue of the Americas Master Servicer on such Master Servicer Remittance Date pursuant to the 1290 Avenue of the Americas Servicing Agreement and (ii) that is allocable to the 1290 Avenue of the Americas Pooled Mortgage Loan or any successor REO Pooled Mortgage Loan with respect thereto. If the applicable Master Servicer fails to make any such failure shall constitute an Event of Default P&I Advance on the part of related Master Servicer Remittance Date, then (subject to Section 4.03(c) below) the Master ServicerTrustee or, if it fails to do so, the Fiscal Agent, shall make such P&I Advance on the related Distribution Date. (b) The aggregate amount of P&I Advances to be made by each Master Servicer (or by the Trustee or Fiscal Agent, as applicable, if such Master Servicer fails to do so) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunder(and, that were in the case of the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan, any comparable master servicing fees under the 1290 Avenue of the Americas Servicing Agreement), due or deemed due, as the case may be, in respect thereof of the Pooled Mortgage Loans as to which such Master Servicer is the applicable Master Servicer and any successor REO Mortgage Loans with respect thereto on their respective Due Dates during the related Collection Period and that were not paid by or on behalf (or, in the case of the related Mortgagors 1290 Avenue of the Americas Pooled Mortgage Loan or otherwise collected any successor REO Pooled Mortgage Loan with respect thereto, during the calendar month in which such Distribution Date occurs), in each case to the extent such amount was not Received by the Trust (including, in the case of the 1290 Avenue of the Americas Pooled Mortgage Loan or any successor REO Pooled Mortgage Loan with respect thereto, in the form of a P&I Advance under the 1290 Avenue of the Americas Servicing Agreement) as of the close of business on the last day related Determination Date (or, in the case of the 1290 Avenue of the Americas Pooled Mortgage Loan or any successor REO Pooled Mortgage Loan with respect thereto, as of the end of the related 1290 Avenue of the Americas Certificate-Level Collection Period); provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; and provided, further, that, if P&I Advances with respect to the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan under the 1290 Avenue of the Americas Servicing Agreement are reduced in a manner similar to that contemplated by the immediately preceding proviso, then the applicable Master Servicer hereunder shall not be required to make any xxxxxxx X&X Advance with respect to such Pooled Mortgage Loan or REO Pooled Mortgage Loan, as the case may be, than is required under the 1290 Avenue of the Americas Servicing Agreement. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the a Master Servicer (or, if applicable, the Trustee, Trustee or the Fiscal Agent) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its sole discretion exercised in good faith and shall be evidenced by an Officer's Certificate delivered promptly (to the Depositor, the Special Servicer, the Certificate Administrator, the Controlling Class Representative and, in any eventif made by a Master Servicer, the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve 12 months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers' reports, environmental surveys or similar reports, that the Master Servicer or the Special Servicer Person making such determination may have obtained and that supports support such determination. The Trustee shall deliver such OfficerAbsent bad faith, a Master Servicer's Certificate determination as soon as practicable after its determination that such to the recoverability of any P&I Advance would shall be nonrecoverable. If such an Appraisal shall not have been required conclusive and performed pursuant to binding on the terms of this AgreementCertificateholders and, in all cases, the Master Servicer or Trustee and the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee Fiscal Agent shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the a Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.P&I

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Sec Fin Corp Com Mort Tr 2003 Pwr1)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on such Master Servicer Remittance the related Distribution Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and unless the Master Servicer shall be entitled to rely on any determination have cured such failure (and provided written notice of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and such cure to the extent permitted by Section 3.05(a), the Master Servicer Trustee and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own fundsPaying Agent) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.11:00 a.m.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp, Series 2005-Cibc11)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) deposit into the Distribution Account from below, satisfy its own funds an amount equal obligations to make any required P&I Advances with respect to the aggregate amount of P&I Advances, if any, to be made related Distribution Date in respect of the related Mortgage Pool (other than the Serviced Loan Combination Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Lower-Tier Distribution Date, (ii) apply Account amounts then held in the Certificate Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on Trustee for deposit in the Certificate Account, Lower-Tier Distribution Account in an amount equal to the Master Servicer shall use remaining portion of such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such required P&I Advances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. number (____704) ____593-______ 7740 (or such alternative number provided xxxxxx xxxxxxed by the Master Servicer to the Trustee in writing) and by telephone at telephone no. number (____704) ___593-____ 7862 or (or such alternative number provided 704) 593-7867 (ox xxxx xxxxxxxtive xxxxxx xxxxxxed by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (11:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee as successor master servicer, as the case may be, pursuant to the first paragraph of Section 4.03(a) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (cSection 4.03(c) below, equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly PaymentsPayments (except with respect to any Serviced Companion Loan), in each case net of related Master Servicing Fees and any related Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Mortgage Loans in the Mortgage Pool (exclusive of the Loan Combination Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto) on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, that if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal such Mortgage Loan or REO Mortgage Loan, then, in the event of subsequent delinquencies thereon, the interest portion amount of the each P&I Advance Advance, if any, required to be made in respect of such Required Mortgage Loan or REO Mortgage Loan, as the case may be, during the period that such Appraisal Loan for the related Distribution Date Reduction Amount continues to exist, shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (ix) the amount of the interest portion of such subject P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this proviso, multiplied by (iiy) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Mortgage Loan, as the case may be, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Mortgage Loan, as the case may be. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder under this Section 4.03 if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on as determined by the Mortgage Pool on deposit in Master Servicer, the Certificate AccountSpecial Servicer or the Trustee. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it a P&I Advance has made become a Nonrecoverable P&I Advance or that any proposed P&I Advance, if mademade pursuant to this Section 4.03, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed P&I Advance by Special Servicer and the Master Servicer, no less than 5 Business Days prior to Depositor on or before the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( any other information that supports such determination, including any appraisal (which appraisal shall have been conducted by an Independent Appraiser within the 12-month period preceding such determination is prior to in accordance with the liquidation standards of the Appraisal Institute taking into account the factors specified in Section 3.19), related Mortgage Loan or REO Property) a copy of an Appraisal Mortgagor operating statements and financial statements, budgets and rent rolls of the related Mortgaged Property Properties (to the extent available and/or in the Master Servicer's or REO PropertySpecial Servicer's possession, as the case may beapplicable), which shall have been performed within the twelve months preceding such determinationengineers' reports, environmental surveys and further accompanied by any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund, that support such determination by the Master Servicer or Special Servicer. If, in connection with the foregoing, it is necessary for the Master Servicer to obtain an appraisal, the Master Servicer shall so notify the Special Servicer and consult with the Special Servicer regarding such appraisal. The cost of an appraisal shall be paid by the Trust as an Additional Trust Fund Expense. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to that a particular P&I Advance, if made, would be a Nonrecoverable P&I Advance, and the Master Servicer and the Trustee shall be entitled to conclusively rely on any non-recoverability determination of nonrecoverability that may have been made by the Special Servicer (but this statement shall not be construed to entitle the Special Servicer to reverse any other authorized Person's determination, or to prohibit any such other authorized Person from making a determination that a P&I Advance constitutes or would constitute a Nonrecoverable P&I Advance); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be Nonrecoverable P&I Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in its good faith, reasonable discretion, makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable P&I Advance. In addition, the Master Servicer shall consider Workout-Delayed Reimbursement Amounts in respect of prior P&I Advances on the applicable Mortgage Loan that have not been repaid by the related Mortgagor for the purposes of nonrecoverability determinations as if such amounts were unreimbursed P&I Advances. Upon detxxxxxxxx xxxx xxy P&I Advance previously made with respect to a particular Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance, the Special Servicer shall report to the Master Servicer the Special Servicer's determination. The Master Servicer shall be entitled to conclusively rely on such determination. (d) As and to the extent permitted by Section 3.05(a), the The Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each P&I Advance made thereby under this Section 4.03 (out of with its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Serviceroutstanding; provided that, if earlier, until the Late Collection grace period for the delinquent Monthly Payment as to which a P&I Advance was made under this Section has not elapsed as of the delinquent principal and/or interest in respect of which time such P&I Advance was made has been received by made, then the Master Servicer or any total interest so accrued on such P&I Advance prior to the expiration of its Sub-Servicers)such grace period, and such interest will be paid: first, out shall not exceed the amount of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the periodCharges, if any, that it was a Specially Serviced Mortgage Loan or an REO Loancollected in connection with the late payment of such delinquent Monthly Payment; and secondprovided, at any time coinciding with or following the reimbursement of such P&I Advancefurther that, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest so accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by the Master Servicer or a Sub-Servicer on its behalf as of the related date Master Servicer Remittance Date. Interest so accrued on which such any P&I Advance was mademade under this Section shall be payable in accordance with the terms of Section 3.05.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (COBALT CMBS Commercial Mortgage Trust 2007-C2)

P&I Advances. (a) On or before 1:00 12:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Servicer shall notify the Trustee by a certificate of the Servicing Officer of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 3 Business Days prior to such Distribution Date. If the Servicer fails to make a required P&I Advance by 12:30 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer an Event of Default as set forth in clause (a)(i) of Section 7.01 shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (occur and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of make such failure P&I Advance pursuant to a Servicing Officer of the Master Servicer Section 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.10:00 a.m., New York City time, on such Master the immediately succeeding Business Day. In the event that the Servicer Remittance Date. If, after such noticefails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive the full amount of such P&I Advances circumstances by the close of business 1:00 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The Subject to Section 4.03(c) and (e) below, the aggregate amount of P&I Advances to be made in by the Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalequal the aggregate of: (i) all Monthly Payments (in each case, subject net of related Servicing Fees) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf obligation of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided thatServicer to make such P&I Advances is mandatory, if an Appraisal Reduction Amount exists and with respect to any Required Appraisal Mortgage Loan or REO Loan, then, in shall continue until the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in on which the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amountproceeds, if any, and the denominator of which is equal received in connection with a Liquidation Event with respect thereto are to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datebe distributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. . (d) In addition, Nonrecoverable connection with the recovery of any P&I Advances shall be reimbursable Advance out of the Certificate Account pursuant to Section 3.05(a) ), the Servicer shall be entitled to pay itself or the Trustee and as the case may be (in reverse of such order with respect to any Mortgage Loan), out of general collections on the Mortgage Pool any amounts then on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountreimbursement. As and to the extent provided by Section 3.05(a), the Master The Servicer shall reimburse itself or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Servicer nor the Trustee shall be required to make an advance for Excess Interest, Penalty Charges, Prepayment Premiums or Yield Maintenance Charges and (ii) the amount required to be advanced in no event shall interest accrue in accordance respect of delinquent Monthly Payments or Assumed Scheduled Payments on Mortgage Loans that have been subject to an Appraisal Reduction Event will equal, with this Section 4.03(d) on respect to any P&I Advance as Distribution Date and any Mortgage Loan, the amount that would be required to which be advanced by the corresponding Late Collection had been received as of Servicer without giving effect to the related date on which Appraisal Reduction less any Appraisal Reduction Amount with respect to such P&I Advance was madeMortgage Loan for such Distribution Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, Date the Master Servicer shall shall, subject to Section 3.04(c), either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Collection Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee (i) the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance or (ii) the requisite notice contemplated by Section 3.04(c)), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____000-______ 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___000-____ 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business 11:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Scheduled P&I Payments (other than Balloon Payments) and any Assumed Monthly P&I Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that (i) were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that (ii) were not paid by or on behalf of the related Mortgagors Borrowers or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Collection Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 two (2) Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( (if such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer (or the Special Servicer Trustee) may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer (or the Special Servicer, as the case may be, may, Trustee) subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Sub- Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan, as the case may be; and second, at any time coinciding with or following the reimbursement of such P&I AdvanceAdvance to the extent that any such Default Charges then on deposit in the Collection Account are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Com Mor Pas THR Cer Se 1999-C1)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the Mortgage Pool for the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of such P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make such P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Collection Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances pursuant to the preceding sentence (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). Unless and until the [Separately Serviced Mortgage Loan] Loan Group or any [Separately Serviced Mortgage Loan] REO Property is being serviced and administered in accordance with Article XII, all P&I Advances with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan are required to be made by the [Separately Serviced Mortgage Loan] Master Servicer (or in the event the [Separately Serviced Mortgage Loan] Master Servicer fails to do so, and if the [Other CMBS Series PSA] is the [Separately Serviced Mortgage Loan] Servicing Agreement, by the [Other CMBS Series] Trustee), pursuant to, and as and when required by, a [Separately Serviced Mortgage Loan] Servicing Agreement. If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, neither the [Separately Serviced Mortgage Loan] Master Servicer nor any other party under the [Separately Serviced Mortgage Loan] Servicing Agreement shall have made the portion of any P&I Advance required to be made pursuant to a [Separately Serviced Mortgage Loan] Servicing Agreement that is allocable to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan (and shall not have delivered to the Master Servicer an officer's certificate and documentation related to a determination of nonrecoverability of a P&I Advance as contemplated by a [Separately Serviced Mortgage Loan] Servicing Agreement), then (subject to Section 4.03(c) below) the Master Servicer shall make the portion of such P&I Advance that was required to be, but was not, made by the [Separately Serviced Mortgage Loan] Master Servicer or any other party under a [Separately Serviced Mortgage Loan] Servicing Agreement by such Master Servicer Remittance Date pursuant to the [Separately Serviced Mortgage Loan] Servicing Agreement and that is allocable to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan. If the Master Servicer fails to make any such P&I Advance on the related Master Servicer Remittance Date, then the Trustee shall make such P&I Advance on the related Distribution Date in accordance with the last paragraph of this Section 4.03(a). If the Master Servicer shall not have received, by 1:00 p.m. (New York City time) on any Master Servicer Remittance Date, any remittance required to be made under a [Separately Serviced Mortgage Loan] Servicing Agreement with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan on or before such date in the subject calendar month (whether in the form of a P&I Advance or the pass-through of collections), then the Master Servicer shall, subject to a determination of recoverability, advance the amount of such required remittance on such Master Servicer Remittance Date insofar as such remittance constitutes or relates to a Monthly Payment or Assumed Monthly Payment with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan. Such advance shall be deemed to be a P&I Advance for all purposes hereunder; provided that no interest shall accrue with respect to such P&I Advance pursuant to Section 4.03(d) so long as the required remittance is received by the Master Servicer on such Master Servicer Remittance Date in time for the Master Servicer to reinvest the funds from such remittance. If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made with respect to any Mortgage Loan or successor REO Loan on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted on such date, then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possibleServicer, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business 11:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) the Trustee, unless the Trustee it determines that such Advance would be a Nonrecoverable P&I Advance if made, shall (from its own funds) deposit in the Trustee shall make Distribution Account the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate amount of P&I Advances to be made in by the Master Servicer with respect of to the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans Pool for any Distribution Date shall equal, (subject to subsection (cSection 4.03(c) belowbelow and, in the case of the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan, further subject to the second paragraph of Section 4.03(a) above) shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Serviced Mortgage Loans (including Serviced Mortgage Loans that are Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any successor REO Loans on their respective Due Dates during in the related Collection Period and that were calendar month in which such Distribution Date occurs, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Borrower or otherwise collected as of the close of business on the last day of the related Collection PeriodDetermination Date in such calendar month; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, Loan in the event of subsequent delinquencies thereonMortgage Pool, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date during any calendar month shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for during such Distribution Date calendar month without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to as of the commencement of such Distribution Datecalendar month, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to as of the commencement of such Distribution Datecalendar month. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer (or, if applicable, the Trustee, Trustee or any Fiscal Agent) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable judgment and shall be evidenced by an Officer's Certificate delivered promptly (to the Depositor, to the Special Servicer, to the Controlling Class Representative and, in any event, in the case of a proposed P&I Advance if made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyon or before the date on which the proposed P&I Advance is to be made), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to accompanied (in the liquidation case of the related Mortgage Loan or REO PropertyControlling Class Representative and otherwise upon request) by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve 12 months preceding such determinationdetermination by a Qualified Appraiser, if available, and further accompanied (in the case of the Controlling Class Representative and otherwise upon request) by any other information information, including engineers' reports, environmental surveys or similar reports, that the Master Servicer or the Special Servicer Person making such determination may have obtained and that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee any Fiscal Agent shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance. With respect to P&I Advances on the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan, and the Master Servicer and the Trustee shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Special [Separately Serviced Mortgage Loan] Master Servicer or any other party with advancing obligations under a [Separately Serviced Mortgage Loan] Servicing Agreement with respect to a particular P&I Advance. The Special Servicer shall promptly furnish any party required to make P&I Advances hereunder with any information in its possession regarding the Specially Serviced Mortgage Loans and Administered REO Properties as such party required to make P&I Advances may reasonably request. In the case of any Cross-Collateralized Mortgage Loan, any determination regarding whether any related P&I Advance constitutes or would constitute a Nonrecoverable P&I Advance shall take into account the cross-collateralization of the related Cross-Collateralized Group. (d) As and to the extent permitted by Section 3.05(a)The Master Servicer, the Master Servicer Trustee and the Trustee any Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds) ), for so long as such P&I Advance is outstanding (or, in if the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by prior to the Master Servicer or end of the grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding after the end of that grace period). Such interest with respect to any of its Sub-Servicers)P&I Advance shall be payable: (i) first, and such interest will be paid: firstin accordance with Section 3.05(a) and/or Section 1.04, out of any Default Charges collected on or (including, in respect the case of the related [Separately Serviced Mortgage Loan duringLoan] or any [Separately Serviced Mortgage Loan] REO Loan, and allocable to, by the period, if any, that it was a Specially [Separately Serviced Mortgage Loan] Master Servicer or the [Separately Serviced Mortgage Loan] Special Servicer on behalf of the Trust) with respect to the particular Mortgage Loan or an REO LoanLoan as to which such P&I Advance was made; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges described in the immediately preceding clause (i) are and have been insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by in Section 3.05(a), the Master Servicer shall reimburse itself itself, the Trustee or the Trusteeany Fiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received as of the related date Master Servicer Remittance Date. The Master Servicer shall not be entitled to Advance Interest on any particular P&I Advance made thereby to the extent the payment as to which such P&I Advance was made, is received but is being held by or on behalf of the Master Servicer in suspense.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees (but not the Special Servicer's Standby Fee), Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. Neither the Master Servicer nor the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-2F Certificates in the event that the Swap Counterparty fails to make a required payment. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees (net of the Standby Fee) and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; and provided, further, that the Master Servicer shall not be required to advance Excess Interest with respect to ARD Loans. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceAdvance in the case of Specially Serviced Mortgage Loans. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges Interest collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass-Through Certificate Series 2000-1)

P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time, ) on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____at facsimile number: [(000) ____000-______ (or such alternative number provided by the Master Servicer to the Trustee in writing0000]) and by telephone (at telephone no. [(____000) ___000-____ (or such alternative number provided by the Master Servicer to the Trustee in writing0000]) as soon as possible, but in any event before 3:00 p.m., 4:30 p.m. (New York City time, ) on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee Certificate Administrator does not receive the full amount of such P&I Advances by the close of business 9:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) unless the Certificate Administrator shall promptly notify the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on with respect to the part of the Master Servicerrelated Distribution Date. (b) The aggregate amount of P&I Advances to be made by the Master Servicer (or by the Trustee, if the Master Servicer fails to do so) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans and any successor REO Mortgage Loans with respect thereto on their respective Due Dates during occurring in the related Collection Period and that were month in which such Distribution Date occurs, in each case to the extent such amount was not paid Received by or on behalf of the related Mortgagors or otherwise collected Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer (or, if applicable, the Trustee) that a prior P&I Advance (or Unliquidated Advance in respect thereof) that it has made constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable, good faith judgment. In making such recoverability determination, such Person will be entitled to consider (among other things) the obligations of the Borrower under the terms of the related Mortgage Loan as it may have been modified, to consider (among other things) the related Mortgaged Properties in their “as is” or then current conditions and occupancies, as modified by such party’s assumptions regarding the possibility and effects of future adverse change with respect to such Mortgaged Properties, to estimate and consider (among other things) future expenses and to estimate and consider (among other things) the timing of recoveries. In addition, any such Person may update or change its recoverability determinations at any time and may obtain from the Special Servicer any analysis, Appraisals or market value estimates or other information in the possession of the Special Servicer for such purposes. Any determination by the Master Servicer (or, if applicable, the Trustee) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (to the Depositor, the Special Servicer, the Certificate Administrator, the Subordinate Class Representative and, in any eventif made by the Master Servicer, the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve nine (9) months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers’ reports, environmental surveys or similar reports, that the Person making such determination may have obtained. A copy of any such Officer’s Certificate (and accompanying information) of the Trustee shall also be promptly delivered to the Certificate Administrator, the Subordinate Class Representative, the Majority Subordinate Certificateholder, the Special Servicer and the Master Servicer or for the Special Servicer may have obtained and that supports such determinationsubject Mortgage Loan. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this AgreementAbsent bad faith, the Master Servicer or Servicer’s determination as to the Special Servicerrecoverability of any P&I Advance shall be conclusive and binding on the Certificateholders and, as in all cases, the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The Special Servicer shall promptly furnish any party required to make P&I Advances hereunder with any information in its possession regarding the Specially Serviced Mortgage Loans and REO Properties as such party required to make P&I Advances may reasonably request. The Master Servicer shall consider Unliquidated Advances in respect of prior P&I Advances as outstanding Advances for purposes of recoverability determinations as if such Unliquidated Advance were a P&I Advance. The Special Servicer for each Mortgage Loan shall also be entitled to make a determination (subject to the same standards and procedures that apply in connection with a determination by the Master Servicer) to the effect that a prior P&I Advance (or Unliquidated Advance in respect thereof) previously made hereunder by the Master Servicer (or, if applicable, the Trustee) constitutes a Nonrecoverable P&I Advance or that any proposed P&I Advance by the Master Servicer (or, if applicable, the Trustee), if made, would constitute a Nonrecoverable P&I Advance, in which case such P&I Advance shall be entitled to rely on constitute a Nonrecoverable P&I Advance for all purposes of this Agreement. A copy of any determination Officer’s Certificate (and accompanying information) of nonrecoverability that may have been made by the Special Servicer with respect in support of its determination shall be promptly delivered to a particular P&I Advancethe Master Servicer for the subject Mortgage Loan. The Special Servicer may update or change its recoverability determination at any time. (d) As and to In the extent permitted by Section 3.05(a)case of each Mortgage Loan, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds), to the extent that such P&I Advance (i) relates to a Monthly Payment or Assumed Monthly Payment in respect of a Mortgage Loan that is a Past Grace Period Loan or an REO Mortgage Loan when made, in which case such interest shall begin to accrue from the related P&I Advance Date, or (ii) remains outstanding when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in which case such interest shall begin to accrue when the subject Mortgage Loan becomes a Past Grace Period Loan in respect of the subject Monthly Payment or Assumed Monthly Payment, in either case, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received Received by the Master Servicer or Trust). Such interest with respect to any of its Sub-Servicers)P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.25, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall (subject to the operation of Section 3.05(a)(II)) reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby with respect to any Mortgage Loan or REO Mortgage Loan as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date on which P&I Advance Date. (e) With regard to such P&I Advance was madeAdvances, the Master Servicer or the Trustee shall account for that part of the P&I Advances which is attributable to Past Grace Period Loans, and that part of the P&I Advances which is attributable to Within Grace Period Loans. (f) Notwithstanding anything to the contrary, no P&I Advances shall be made with respect to any Junior Interest (whether or not it constitutes a Junior Interest or otherwise) or any successor REO Mortgage Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee Paying Agent shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 and (000) 000-0000, respectively, (or such alternative number numbers provided by the Master Servicer and the Trustee to the Trustee Paying Agent in writing) and by telephone at telephone no. (____704) ___500-____ 0000 and (000) 000-0000, respectively, (or such alternative number numbers provided by the Master Servicer and the Trustee to the Trustee Paying Agent in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee Paying Agent does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Paying Agent shall notify the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, and the Trustee shall shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day related Determination Date; provided, that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Collection PeriodServicing Fees) in the event of subsequent delinquencies thereon; provided that, and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that support such determination by the Master Servicer. On the fourth Business Day before each Distribution Date, the Special Servicer may have obtained and that supports shall report to the Master Servicer the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination. The Trustee shall deliver be entitled to rely, conclusively, on any determination by the Master Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such Officer's Certificate as soon as practicable after its determination); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be nonrecoverable. If Nonrecoverable Advance, the Trustee shall make such an Appraisal shall not have been Advance within the time periods required and performed pursuant by Section 4.03(a) unless the Trustee, in good faith, makes a determination prior to the terms of this Agreementtimes specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards applicable to the Master Servicer hereunder. (d) In connection with the recovery by the Master Servicer or the Special ServicerTrustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to pay itself or the Trustee, as the case may be, mayout of any amounts then on deposit in the Certificate Account, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate (or, with respect to the AB Mortgage Loans and related Companion Loans, the rate provided in the CLF Intercreditor Agreement) in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made to but not including the date of reimbursement such P&I Advance is outstanding (orinterest to be payable, in the case of Advance Interest payable subject to the Master Servicerterms of a CLF Intercreditor Agreement with respect to the related Loan Pair, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and ; provided, however, that no interest shall accrue on any P&I Advance made with respect to a Mortgage Loan if the related Periodic Payment is received prior to the extent provided by Section 3.05(a), due date of such Mortgage Loan or the expiration of any applicable grace period. The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received as of by the Master Servicer on or prior to the related date on which such P&I Advance was madeDate. (e) In no event shall the Master Servicer or the Trustee make a P&I Advance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union National Bank Com Mort Pas THR Cert Ser 2002 C1)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-[______ __________] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. ([____) ___-____ _____] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans that are included in the Trust Fund delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of [___] Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; provided, further, that the Master Servicer shall not advance Excess Interest with respect to ARD Loans or a Prepayment Premium. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, with respect to the Mortgage Loans, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Trustee that it has made a Nonrecoverable P&I Advance has been made or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 [___] Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and Depositor, the 17g-5 Information Provider (and, subject to Section 3.15, the Rating Agencies), the Directing Certificateholder, setting forth the basis for such determination, together with ( (such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve 12 months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's ’s Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The Master Servicer and the Master Servicer Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the The Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), to the extent that such P&I Advance relates to a Past Grace Period Loan when made, or remains outstanding when such Mortgage Loan becomes a Past Grace Period Loan, in which case such interest shall begin to accrue when such Mortgage Loan becomes a Past Grace Period Loan, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges collected on or as set forth in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO LoanSection 3.27; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in into the Certificate Account, Account and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made. (e) With regard to such P&I Advances, the Master Servicer, the Special Servicer or the Trustee shall account for that part of the P&I Advances that is attributable to Past Grace Period Loans, and that part of the P&I Advances that is attributable to Within Grace Period Loans. (f) [RESERVED]. (g) None of the Master Servicer or the Trustee shall advance any amount due to be paid by the Class A-FL Swap Counterparty for distribution to the Class A-FL Certificates. In addition, for the avoidance of doubt, if funds allocated to payment of interest distributions on the Class A-FL Regular Interest are insufficient to pay the Accrued Certificate Interest on the Class A-FL Regular Interest, the amount paid to the Class A-FL Swap Counterparty will be reduced and interest paid by the Class A-FL Swap Counterparty under the Class A-FL Swap Contract will be reduced, on a dollar-for-dollar basis, by an amount equal to the difference between the amount actually paid to the Class A-FL Swap Counterparty and the amount that would have been paid if the funds allocated to payment of interest distributions on the Class A-FL Regular Interest had been sufficient to pay the Accrued Certificate Interest on the Class A-FL Regular Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.)

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P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____593-______ 7735 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal (i) the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees, and, if applicable, Swap Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day related Determination Date and (ii) with respect to each Semi-Annual Mortgage Loan for which there is no Due Date in the month in which such Distribution Date falls, the Semi-Annual Loan Interest Advance Amount for such Semi-Annual Mortgage Loan and such Distribution Date; provided, that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Collection Period; provided thatServicing Fees and, if applicable, Swap Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced sum of (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I AdvanceA) to equal the product of (i1) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (ii), multiplied by (ii2) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior and (B) the amount of the principal portion of the P&I Advance that would otherwise be required without regard to such Distribution Datethis clause (ii). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( any other information, including Appraisals (or, if no such determination is prior Appraisal has been performed pursuant to the liquidation of the related Mortgage Loan or REO Property) this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that support such determination by the Master Servicer. On the fourth Business Day before each Distribution Date, the Special Servicer may have obtained and that supports shall report to the Master Servicer the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination. The Trustee shall deliver be entitled to rely, conclusively, on any determination by the Master Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee, as applicable, 155 shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such Officer's Certificate as soon as practicable after its determination); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be nonrecoverable. If Nonrecoverable Advance, the Trustee shall make such an Appraisal shall not have been Advance within the time periods required and performed pursuant by Section 4.03(a) unless the Trustee, in good faith, makes a determination prior to the terms of this Agreementtimes specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards applicable to the Master Servicer hereunder. (d) In connection with the recovery by the Master Servicer or the Special ServicerTrustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to pay itself or the Trustee, as the case may be, mayout of any amounts then on deposit in the Certificate Account, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and reimbursement such interest will to be paid: first, payable (i) out of any Default Charges late payment charges and Penalty Interest that have been collected on or in respect of the related Mortgage Loan duringor REO Loan from January 1 of the same calendar year in which such P&I Advance is reimbursed through the date of such reimbursement (the use of such late payment charges and Penalty Interest to be allocated between the Master Servicer and the Special Servicer on a pro rata basis based on the amount of late payment charges and Penalty Interest that the Master Servicer and the Special Servicer have received as additional servicing compensation during such period), and allocable to(ii) to the extent that the late payment charges and Penalty Interest described in the immediately preceding clause (i) are insufficient, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of but only after such P&I AdvanceAdvance has been reimbursed, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As Under no circumstances shall the Master Servicer or the Trustee be entitled to recover interest on any portion of a P&I Advance represented by a Semi-Annual Loan Interest Advance Amount so long as no payment default exists under such Semi-Annual Mortgage Loan, and to the extent provided by Section 3.05(a)if any such payment default does exist, the Master Servicer shall be entitled to recover interest on any such P&I Advance only from and after the Due Date as to which such default occurred. The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received as of by the Master Servicer on or prior to the related date on which such P&I Advance was madeDate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-[______ ____] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. ([____) ___-__] or [____ ______] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(e) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were Period, to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection Period; provided that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, by the Master Servicer or the Special Servicer. As soon as reasonably practical after making such determination, the Special Servicer shall report to the Master Servicer the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination by the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustSpecial Servicer. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a particular P&I Advance, and the Trustee shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such determination); provided, however, that, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer or the Special Servicer that such P&I Advance would be Nonrecoverable Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in accordance with the standard of care set forth in Section 8.01(a), makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards set forth in Section 8.01(a) hereunder, including utilizing its good faith business judgment to make such determination. (d) In connection with the recovery by the Master Servicer or the Trustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to rely pay itself or the Trustee, as the case may be, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made (provided, however, no such P&I Advance is outstanding (orinterest shall accrue during any grace period under a Mortgage Loan) to but not including the date of reimbursement, in the case of Advance Interest payable such interest to be payable, subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received as by the Master Servicer on or prior to the related P&I Advance Date. (e) In no event shall the Trustee make a P&I Advance with respect to any Companion Loan. (f) Subject to Section 4.03(b) and Section 4.03(c), the Master Servicer shall make P&I Advances in respect of the related date on [_______________________] Companion Loan only during such time the [____________________________] Companion Loan is included in a securitization or a collateralized debt obligation in which such interests therein are issued or created pursuant to the terms of the [________________] Intercreditor Agreement. With respect to any P&I Advance was mademade on the [______________________] Companion Loan, the Master Servicer shall be entitled to recovery of such amounts from the holder thereof. For the avoidance of doubt, the Trust Fund shall not be liable for any recoveries of P&I Advances made by the Master Servicer on the [_______________________] Companion Loan. Notwithstanding anything to the contrary contained herein, the Trustee shall have no obligation hereunder to, and shall not make P&I Advances in respect of, the [______________________] Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____0-______ 000-000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___0-____ 000-000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee or the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. None of the Master Servicer, the Trustee and the Fiscal Agent shall advance any amount due to be paid by the Swap Counterparty for distributions to the Class A-2F Certificates in the event that the Swap Counterparty fails to make a required payment. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; and provided, further, that the Master Servicer shall not advance Excess Interest with respect to ARD Loans. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer orServicer, the Trustee or if applicable, the TrusteeFiscal Agent, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 five (5) Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor Depositor, the Directing Certificateholder and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve (12) months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee and the Fiscal Agent shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceAdvance in the case of Specially Serviced Mortgage Loans. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer Servicer, the Trustee and the Trustee Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), to the extent that such P&I Advance relates to a Past Grace Period Loan when made, or remains outstanding when such Mortgage Loan becomes a Past Grace Period Loan, in which case such interest shall begin to accrue when such Mortgage Loan becomes a Past Grace Period Loan, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO LoanCharges; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made. (e) With regard to such P&I Advances, the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agent shall account for that part of the P&I Advances which is attributable to Past Grace Period Loans, and that part of the P&I Advances which is attributable to Within Grace Period Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c) below, either (i) remit from its own funds to the Trustee for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). IfIf the Trustee does not receive, as of 1:00 p.m.or there is not deposited in the Distribution Account, on or before 4:00 p.m. New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any full amount of P&I Advance Advances, if any, required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to in respect of the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Distribution Date, then the Trustee promptly shall provide notice of such failure thereof to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy noServicer. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, If after such notice, notice the Trustee does not receive the full amount of such P&I Advances by the close of business (5:00 p.m. New York City time) Time on such Master Servicer Remittance P&I Advance Date for the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee provisions of Sections 7.01 and 7.02 shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Master Servicing Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected as of the close of business on the last day of the related Collection PeriodDetermination Date; provided provided, however, that, if an Appraisal Reduction Amount exists the Monthly Payment on any Mortgage Loan has been reduced in connection with respect a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Required Appraisal LoanMortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, thenwaiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Monthly Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Master Servicing Fees) in the event of subsequent delinquencies thereon; and provided, further, that the interest portion amount of P&I Advances required to be made by the P&I Advance Master Servicer in respect of such any Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) an amount equal to equal the product of (i) the amount of the interest portion of such P&I Advance for that would be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to the application of this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicableServicer, the Trustee, Trustee or the Fiscal Agent that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (to the Depositor, the Operating Adviser and, in any eventthe case of the Master Servicer, the Trustee (no later than, in the case of a proposed P&I Advance by Advance, the Master Servicer, no less than 5 earlier of the third Business Days prior to Day following the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor Determination Date and the Rating Agenciesthird Business Day preceding the related Distribution Date), setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property(i) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determinationdetermination by an Independent MAI-appraiser (or, if more than one such Appraisal was performed within such time period, the most recent such Appraisal) and further accompanied by (ii) any other information information, including any engineers' reports, environmental surveys or similar reports that the Master Servicer Servicer, the Trustee or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special ServicerFiscal Agent, as the case may be, may, subject to its reasonable may have obtained consistent with the Servicing Standard and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund, that support such determination by the Master Servicer, the Trustee or the Fiscal Agent, as the case may be. The Trustee and the Fiscal Agent shall be entitled to rely on any the determination of nonrecoverability that may have been made by the Master Servicer or of the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on nonrecoverability of any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)In connection with its recovery of any P&I Advance made thereby out of its own funds, the Master Servicer and Servicer, the Trustee or the Fiscal Agent, as applicable, shall each be entitled to receive pay itself, out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountreimbursement. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account. (e) If, and in no event shall interest accrue in accordance with this Section 4.03(d) as of 5:00 p.m., New York City time, on any P&I Advance as Date, the Master Servicer shall not (i) have made any P&I Advance required to which have been made on such date pursuant to Section 4.03(a) or (ii) delivered the corresponding Late Collection had been received as Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 4.03(c), the Trustee shall immediately notify the Fiscal Agent by telephone promptly confirmed in writing, and the Trustee shall no later than 10:00 a.m., New York City time, on the related date Distribution Date deposit into the Distribution Account in immediately available funds an amount equal to the P&I Advances otherwise required to have been made by the Master Servicer. If the Trustee fails to make any P&I Advance required to be made under this Section 4.03(e) on which any Distribution Date, the Fiscal Agent shall make such P&I Advance was madenot later than 11:00 a.m., New York City time, on such Distribution Date and, thereby, the Trustee shall not be in default under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall shall, subject to SECTION 4.03(C), either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the Mortgage Pool for the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of such P&I Advances to be made; provided PROVIDED that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make such P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Collection Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances pursuant to the preceding sentence (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). Unless and until the [Separately Serviced Mortgage Loan] Loan Group or any [Separately Serviced Mortgage Loan] REO Property is being serviced and administered in accordance with ARTICLE XII, all P&I Advances with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan are required to be made by the [Separately Serviced Mortgage Loan] Master Servicer (or in the event the [Separately Serviced Mortgage Loan] Master Servicer fails to do so, and if the [Other CMBS Series PSA] is the [Separately Serviced Mortgage Loan] Servicing Agreement, by the [Other CMBS Series] Trustee), pursuant to, and as and when required by, a [Separately Serviced Mortgage Loan] Servicing Agreement. If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, neither the [Separately Serviced Mortgage Loan] Master Servicer nor any other party under the [Separately Serviced Mortgage Loan] Servicing Agreement shall have made the portion of any P&I Advance required to be made pursuant to a [Separately Serviced Mortgage Loan] Servicing Agreement that is allocable to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan (and shall not have delivered to the Master Servicer an officer's certificate and documentation related to a determination of nonrecoverability of a P&I Advance as contemplated by a [Separately Serviced Mortgage Loan] Servicing Agreement), then (subject to SECTION 4.03(C) below) the Master Servicer shall make the portion of such P&I Advance that was required to be, but was not, made by the [Separately Serviced Mortgage Loan] Master Servicer or any other party under a [Separately Serviced Mortgage Loan] Servicing Agreement by such Master Servicer Remittance Date pursuant to the [Separately Serviced Mortgage Loan] Servicing Agreement and that is allocable to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan. If the Master Servicer fails to make any such P&I Advance on the related Master Servicer Remittance Date, then the Trustee shall make such P&I Advance on the related Distribution Date in accordance with the last paragraph of this SECTION 4.03(A). If the Master Servicer shall not have received, by 1:00 p.m. (New York City time) on any Master Servicer Remittance Date, any remittance required to be made under a [Separately Serviced Mortgage Loan] Servicing Agreement with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan on or before such date in the subject calendar month (whether in the form of a P&I Advance or the pass-through of collections), then the Master Servicer shall, subject to a determination of recoverability, advance the amount of such required remittance on such Master Servicer Remittance Date insofar as such remittance constitutes or relates to a Monthly Payment or Assumed Monthly Payment with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan. Such advance shall be deemed to be a P&I Advance for all purposes hereunder; PROVIDED that no interest shall accrue with respect to such P&I Advance pursuant to SECTION 4.03(D) so long as the required remittance is received by the Master Servicer on such Master Servicer Remittance Date in time for the Master Servicer to reinvest the funds from such remittance. If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made with respect to any Mortgage Loan or successor REO Loan on such date pursuant to this Section 4.03(aSECTION 4.03(A) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to SECTION 4.03(C)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted on such date, then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possibleServicer, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business 11:00 a.m. (New York City time) on such Master Servicer Remittance the related Distribution Date, then (i) the Trustee, unless the Trustee it determines that such Advance would be a Nonrecoverable P&I Advance if made, shall (from its own funds) deposit in the Trustee shall make Distribution Account the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate amount of P&I Advances to be made in by the Master Servicer with respect of to the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans Pool for any Distribution Date shall equal, (subject to subsection (cSECTION 4.03(C) belowbelow and, in the case of the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan, further subject to the second paragraph of SECTION 4.03(A) above) shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Serviced Mortgage Loans (including Serviced Mortgage Loans that are Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any successor REO Loans on their respective Due Dates during in the related Collection Period and that were calendar month in which such Distribution Date occurs, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Borrower or otherwise collected as of the close of business on the last day of the related Collection PeriodDetermination Date in such calendar month; provided PROVIDED that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, Loan in the event of subsequent delinquencies thereonMortgage Pool, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date during any calendar month shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for during such Distribution Date calendar month without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to as of the commencement of such Distribution Datecalendar month, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to as of the commencement of such Distribution Datecalendar month. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer (or, if applicable, the Trustee, Trustee or any Fiscal Agent) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable judgment and shall be evidenced by an Officer's Certificate delivered promptly (to the Depositor, to the Special Servicer, to the Controlling Class Representative and, in any event, in the case of a proposed P&I Advance if made by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyon or before the date on which the proposed P&I Advance is to be made), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to accompanied (in the liquidation case of the related Mortgage Loan or REO PropertyControlling Class Representative and otherwise upon request) by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve 12 months preceding such determinationdetermination by a Qualified Appraiser, if available, and further accompanied (in the case of the Controlling Class Representative and otherwise upon request) by any other information information, including engineers' reports, environmental surveys or similar reports, that the Master Servicer or the Special Servicer Person making such determination may have obtained and that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee any Fiscal Agent shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance. With respect to P&I Advances on the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan, and the Master Servicer and the Trustee shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the Special [Separately Serviced Mortgage Loan] Master Servicer or any other party with advancing obligations under a [Separately Serviced Mortgage Loan] Servicing Agreement with respect to a particular P&I Advance. The Special Servicer shall promptly furnish any party required to make P&I Advances hereunder with any information in its possession regarding the Specially Serviced Mortgage Loans and Administered REO Properties as such party required to make P&I Advances may reasonably request. In the case of any Cross-Collateralized Mortgage Loan, any determination regarding whether any related P&I Advance constitutes or would constitute a Nonrecoverable P&I Advance shall take into account the cross-collateralization of the related Cross-Collateralized Group. (d) As and to the extent permitted by Section 3.05(a)The Master Servicer, the Master Servicer Trustee and the Trustee any Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds) ), for so long as such P&I Advance is outstanding (or, in if the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by prior to the Master Servicer or end of the grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding after the end of that grace period). Such interest with respect to any of its Sub-Servicers)P&I Advance shall be payable: (i) FIRST, and such interest will be paid: firstin accordance with SECTION 3.05(A) and/or SECTION 1.04, out of any Default Charges collected on or (including, in respect the case of the related [Separately Serviced Mortgage Loan duringLoan] or any [Separately Serviced Mortgage Loan] REO Loan, and allocable to, by the period, if any, that it was a Specially [Separately Serviced Mortgage Loan] Master Servicer or the [Separately Serviced Mortgage Loan] Special Servicer on behalf of the Trust) with respect to the particular Mortgage Loan or an REO LoanLoan as to which such P&I Advance was made; and second(ii) THEN, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges described in the immediately preceding CLAUSE (I) are and have been insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(ain SECTION 3.05(A), the Master Servicer shall reimburse itself itself, the Trustee or the Trusteeany Fiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(dSECTION 4.03(D) on any P&I Advance as to which the corresponding Late Collection had been was received as of the related date Master Servicer Remittance Date. The Master Servicer shall not be entitled to Advance Interest on any particular P&I Advance made thereby to the extent the payment as to which such P&I Advance was made, is received but is being held by or on behalf of the Master Servicer in suspense.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Collection Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____404) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. If the Trustee is required in accordance with this Section 4.03(a) to make any P&I Advance or portion thereof, but fails to do so by 10:00 a.m., New York City time, on the related Distribution Date, then, unless the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Fiscal Agent shall make such P&I Advance or other advance not later than 11:30 a.m., New York City time, on such Distribution Date and, thereby, the Trustee shall not be in default under this Agreement. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that (i) were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period calendar month in which such Distribution Date occurs prior to the Master Servicer Remittance Date therein and that (ii) were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Collection Account. The determination by the Master Servicer or, if applicable, the TrusteeTrustee or the Fiscal Agent, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 two Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor Fiscal Agent (or, if applicable, retained thereby), the Sponsor and the Rating Agencies, setting forth the basis for such determination, together with ( (if such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Each of the Trustee or Fiscal Agent, as applicable, shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee and the Fiscal Agent shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer Servicer, the Trustee and the Trustee Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

P&I Advances. (a) On With respect to any Mortgage Loan (other than a Mortgage Loan which only has an overdue Balloon Payment), if on any Determination Date the Special Servicer or before 1:00 p.m.the Master Servicer, New York City timeas applicable, shall not have received all or any part of the Monthly Payment, unless funded by the Subservicer, (or Modified Monthly Payment, in the case of a Modified Mortgage Loan) for the related Due Period with respect to such Mortgage Loan (after application of all payments and collections on such Mortgage Loan pursuant to Section 1.2), then, on each the Master Servicer Remittance Date, the Master Servicer shall either advance, subject to subsection (ic) deposit into of this Section 3.22, the Distribution Account from amount of such shortfall with respect to each such Mortgage Loan, unless the Master Servicer makes a determination, in its own funds reasonable business judgment, that such P&I Advance (plus interest accrued thereon at the Advance Rate) if made, would be a Nonrecoverable Advance PROVIDED, HOWEVER, that the Master Servicer shall reduce any advance of interest with respect to any such Mortgage Loan as to which an Appraisal Reduction exists by an amount equal to the aggregate amount which would otherwise have been advanced under this sentence but for the application of P&I Advancesthis Section 3.22 times a fraction the numerator of which is the related Appraisal Reduction and the denominator of which is the Scheduled Principal Balance of such Mortgage Loan (or, if anyapplicable, a comparable fraction based upon the Appraisal Reduction Estimate). (b) With respect to be made in respect of the related Distribution Dateany Mortgage Loan (including a Modified Mortgage Loan which pursuant to its modified terms provides for a Balloon Payment) which has an overdue Balloon Payment, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Determination Date the Special Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in or the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on , as applicable, shall not have received all or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections any part of the delinquent principal and/or interest in Assumed Scheduled Payment for the related Due Period with respect to such Mortgage Loan (after application of which all payments and collections on such P&I Advances were madeMortgage Loan pursuant to Section 1.2). If, as of 1:00 p.m., New York City timethen, on any the Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (c) belowof this Section, advance the aggregate amount of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Paymentssuch shortfall with respect to each such Mortgage Loan, unless the Master Servicer makes a determination, in each case net of related Master Servicing Fees and Workout Fees payable hereunderits reasonable business judgment, that were due or deemed duesuch P&I Advance (plus interest accrued thereon at the Advance Rate) if made, as would be a Nonrecoverable Advance PROVIDED, HOWEVER, that the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf Master Servicer shall reduce any advance payments of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists interest with respect to any Required such Mortgage Loan as to which an Appraisal LoanReduction exists, then, in an amount equal to the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan amount which would otherwise have been advanced under this sentence but for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion application of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) clause times a fraction, expressed as a percentage, fraction the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the 77 related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Scheduled Principal Balance of such Required Mortgage Loan (or, if applicable, a comparable fraction based upon the Appraisal Loan immediately prior to such Distribution DateReduction Estimate). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable [Reserved] (d) P&I Advances shall be reimbursable deposited in the Distribution Account by the Master Servicer not later than the Master Servicer Remittance Date. (e) The Master Servicer shall be entitled to reimbursement for any P&I Advances made pursuant to this Section 3.05(a3.22, plus interest thereon at the Advance Rate from the date the P&I Advance is made to the date the P&I Advance is reimbursed. (f) out With respect to any Distribution Date and each Mortgage Loan, the "Available Advance Reimbursement Amount" shall equal the amount collected and applied as recoveries of general collections principal and interest (or treated as recovery of a cost that is or otherwise is an amount that is available to fund the payment of Advance Interest) due in a Due Period prior to the Due Period relating to such Distribution Date with respect to such Mortgage Loan, whether paid by the Mortgagor or otherwise recovered from Late Collections, Net Liquidation Proceeds, Insurance Proceeds, Condemnation Proceeds, or Net Income from the related REO Property, or otherwise collected with respect to the Mortgage Loan or REO Property and applied as a recovery of overdue principal or interest or reimbursement of the costs of the lender on the Mortgage Pool Loan or REO Property or, upon a Final Recovery Determination, from amounts on deposit in the Certificate Collection Account. The On each Determination Date, the Master Servicer shall calculate the outstanding xxxxxxxxxxxx X&X Advance Amount and the Available Advance Reimbursement Amount for such Determination Date and the related Distribution Date. On each Distribution Date, the Master Servicer shall be reimbursed in an amount up to aggregate outstanding xxxxxxxxxxxx X&X Advances and Advance Interest to the extent of the sum of the Available Advance Reimbursement Amount for all Mortgage Loans. (g) Subject to determining that an Advance is a Nonrecoverable Advance, the Master Servicer or the Trustee shall make P&I Advances or Servicing Advances required by this Agreement irrespective of any bankruptcy, insolvency or similar proceedings affecting the Borrower under the related Mortgage Loan and irrespective of whether such Mortgage Loan has been foreclosed upon and has become REO Property. Any determination made by the Master Servicer or, if applicable, the Trustee, pursuant to this Section 3.22 that it has made an advance is a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in to the case of a proposed P&I Advance by the Master Servicer, no less than 5 Trustee two Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, Distribution Date setting forth the basis for such determination, together with ( such determination is prior to of nonrecoverability and the liquidation procedure and considerations of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or forming the Special Servicer may have obtained and that supports basis of such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (LTC Properties Inc)

P&I Advances. (a) On or before 1:00 No later than 2:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(e) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were in each case, to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection Period; provided thatthat (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers’ reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, by the Master Servicer or the Special Servicer. As soon as reasonably practical after making such determination, the Special Servicer shall report to the Master Servicer the Special Servicer’s determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination by the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustSpecial Servicer. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a particular P&I Advance, and the Trustee shall rely on the Master Servicer’s determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such determination); provided, however, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer or the Special Servicer that such P&I Advance would be Nonrecoverable Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in accordance with the standard of care set forth in Section 8.01(a), makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards set forth in Section 8.01(a) hereunder, including utilizing its good faith business judgment to make such determination. (d) In connection with the recovery by the Master Servicer or the Trustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to rely pay itself or the Trustee, as the case may be, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made (provided, however, no such P&I Advance is outstanding (orinterest shall accrue during any grace period under a Mortgage Loan) to but not including the date of reimbursement, in the case of Advance Interest payable such interest to be payable, subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in related Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received as of by the Master Servicer on or prior to the related date on which such P&I Advance was madeDate. (e) In no event shall the Master Servicer or the Trustee make a P&I Advance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C34)

P&I Advances. (a) On or before 1:00 p.m., New York City timeXxx Xxxx Xxxx xxme, on each Master Servicer Remittance Date, the Master Servicer shall shall, subject Section 4.03(c), either (i) deposit into the Distribution Account remit from its own funds to the Trustee for deposit into the Lower-Tier Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the Mortgage Pool for the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of such P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections in respect of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) Mortgage Pool shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:30 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made by it in respect of the Mortgage Pool on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance)Advance pursuant to Section 4.03(c) or to the actual knowledge of a Responsible Officer of the Trustee shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If, If after such notice, notice the Trustee does not receive the full amount of such P&I Advances in respect of the Mortgage Pool by the close of business (11:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on with respect to the part of the related Distribution Date, provided that no Master Servicer, Special Servicer or the Trustee shall make any P&I Advance with respect to any B Loan. (b) The aggregate amount of P&I Advances to be made by the Master Servicer in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Mortgage Loans on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Borrower or otherwise collected by or on behalf of the Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In additionmaking such recoverability determination, the Master Servicer, the Special Servicer and the Trustee, as applicable, will be entitled to (i) give due regard to the existence of any Nonrecoverable P&I Advances shall be reimbursable pursuant Advance or Workout-Delayed Reimbursement Amount with respect to Section 3.05(a) out other Mortgage Loans, the recovery of general collections which, at the time of such consideration, is being deferred or delayed by the Master Servicer or the Trustee, as applicable, in light of the fact that proceeds on the related Mortgage Pool on deposit Loan are a source of recovery not only for the P&I Advance under consideration, but also as a potential source of recovery of such Nonrecoverable Advance or Workout-Delayed Reimbursement Amount which is being or may be deferred or delayed and (ii) consider (among other things) the obligations of the Borrower under the terms of the related Mortgage Loan (or the related A/B Loan Pair, as applicable) as it may have been modified, to consider (among other things) the related Mortgaged Properties in their "as is" or then current conditions and occupancies, as modified by such party's assumptions (consistent with the applicable Servicing Standard in the Certificate Accountcase of the Master Servicer and the Special Servicer) regarding the possibility and effects of future adverse change with respect to such Mortgaged Properties, to estimate and consider (consistent with the applicable Servicing Standard in the case of the Master Servicer and the Special Servicer) (among other things) future expenses and to estimate and consider (among other things) the timing of recoveries. The determination by the Master Servicer or, if applicable, the Trustee, any Person with an obligation hereunder to make P&I Advances that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable judgment and shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to Depositor, the Trustee (or, if applicable, retained thereby), unless it is the Depositor Person making such determination) and the Rating Agencies, Controlling Class Representative setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve 12 months preceding such determination, and further accompanied by any other information information, including engineers' reports, environmental surveys or similar reports, that such Person may have obtained and that support such determination. None of the Master Servicers or Trustee shall make any P&I Advances with respect to delinquent amounts due on any B Loan. If an Appraisal of the related Mortgaged Property shall not have been obtained within the prior 12 month period (and the Master Servicer and the Trustee shall each request any such appraisal from the Special Servicer prior to ordering an Appraisal pursuant to this sentence) or if such an Appraisal shall have been obtained but as a result of unforeseen occurrences, such Appraisal does not, in the good faith determination of the Master Servicer, the Special Servicer or the Trustee, reflect current market conditions, and the Master Servicer or the Trustee, as applicable, and the Special Servicer may have obtained and that supports cannot agree on the appropriate downward adjustment to such determination. The Trustee shall deliver Appraisal, such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this AgreementMaster Servicer, the Master Special Servicer or the Special ServicerTrustee, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on Trust Fund (and, in the case of any determination A/B Loan Pair, first of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advancerelated B Loan Holders, if any, and second, to the Master Servicer shall be entitled to rely on any determination extent such expense remains unpaid, of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceTrust Fund). (d) As and to the extent permitted by Section 3.05(a), the The Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds) ), for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by prior to the Master Servicer or end of any grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding following the end of its Sub-Servicerssuch grace period). Such interest with respect to any P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.26, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account. Notwithstanding the foregoing, upon a determination that a P&I Advance previously made with respect to the Mortgage Pool is a Nonrecoverable P&I Advance, the Master Servicer may reimburse itself or the Trustee, as applicable, immediately from general collections in the Collection Account. Notwithstanding the foregoing, instead of obtaining reimbursement out of general collections on the Mortgage Pool immediately (as contemplated by Section 3.05(a)(vii), the Master Servicer or the Trustee, as applicable, may, in its sole discretion, after reimbursement of such amounts up to the principal portions of general collections, elect to obtain reimbursement for such Nonrecoverable P&I Advance over a period of time (not to exceed 12 months) and the unreimbursed portion of such P&I Advance will accrue interest at the Reimbursement Rate in effect from time to time. The Master Servicer must reimburse itself each month up to the amount of such collections otherwise allocable as principal. At any time after such a determination to obtain reimbursement over time in accordance with the preceding sentence, the Master Servicer or the Trustee, as applicable, may, in its sole discretion, decide to obtain reimbursement immediately. The fact that a decision to recover such Nonrecoverable P&I Advance over time, or not to do so, benefits some Classes of Certificateholders to the detriment of other Classes shall not constitute a violation of the Servicing Standard by the Master Servicer or a breach of any fiduciary duty owed to the Certificateholders by the Trustee, or a breach of any other contractual obligation owed to the Certificateholders by any party to this Agreement. In no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date Master Servicer Remittance Date. No Master Servicer shall be entitled to Advance Interest to the extent a payment is received but is being held by or on which behalf of such P&I Advance was madeMaster Servicer in suspense.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Commercial Mortgage Trust Series 2006-C3)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts held in the Certificate Account received after the Determination Date with respect to the related Collection Period or for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____383-______ 9356 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Master Servicing Fees and any related Principal Recovery Fees, due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including received as net income from REO Properties) as of the close of business on the last day related Determination Date; provided, that, (i) if the Monthly Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Monthly Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Collection PeriodMaster Servicing Fees and any related Principal Recovery Fees) in the event of subsequent delinquencies thereon; provided that, and (ii) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) only an amount equal to equal the product of (iA) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (ii), multiplied by (iiB) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( any other information, including Appraisals or, if no such determination is prior Appraisal has been performed pursuant to the liquidation of the related Mortgage Loan or REO Property) this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund, that support such determination by the Master Servicer. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a particular P&I Advance, and the Trustee, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such determination); provided, however, that if the Master Servicer shall be entitled has failed to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to make a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received reasons other than a determination by the Master Servicer or any of its Sub-Servicers), and that such interest will P&I Advance would be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable toNonrecoverable Advance, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any Trustee shall make such Advance within the time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided periods required by Section 3.05(a), the Master Servicer shall reimburse itself or 4.03(a) unless the Trustee, as appropriatein good faith, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in makes a determination prior to the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.times specified in

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in the Serviced Whole Loan, either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Serviced Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Serviced Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on the Serviced Whole Loan, (ii) apply amounts held in the Serviced Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Serviced Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to the One Stamford Forum Note B Holder under any Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if the Serviced Whole Loan is involved, the Serviced Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if the Serviced Whole Loan is involved, the Serviced Whole Loan Custodial Account, on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made (other than a P&I Advance with respect to the One Stamford Forum Note B) on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____213) ____345-______ 7240 (or such alternative number provided by the Master Servicer to the Trustee Servicxx xx xxx Xxxxtee in writing) and by telephone at telephone no. (____800) ___462-____ 0505 (or such alternative number provided by the Master Servicer to the Trustee Servicxx xx xxx Xxxxtee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, made or the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer.. None of the Master Servicer or the Trustee shall be required to make a P&I Advance on the One Stamford Forum Note B. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans that are included in the Trust Fund delinquent as to their respective Balloon Payments) and any REO Serviced Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, that if an Appraisal Reduction Amount exists with respect to any Required Appraisal Serviced Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Serviced Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Serviced Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Serviced Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Serviced Loan immediately prior to such Distribution Date; provided, further, that the Master Servicer shall not advance Excess Interest with respect to ARD Loans or a Prepayment Premium. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, with respect to the Mortgage Loans other than Mortgage Loans included in the Serviced Whole Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. With respect to a Mortgage Loan included in the Serviced Whole Loan, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(f). The determination by the Master Servicer or, if applicable, or the Trustee, Trustee that it has made a Nonrecoverable P&I Advance has been made or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, or any such determination made by the Special Servicer, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 five Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and Depositor, the Rating Agencies, the Directing Certificateholder and the One Stamford Forum Note B Holder and One Stamford Forum Controlling Holder (if the Serviced Whole Loan is involved), setting forth the basis for such determination, together with ( (such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve 12 months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer and the Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceAdvance in the case of Specially Serviced Loans. (d) As and to the extent permitted by Section 3.05(a)) or Section 3.05(f) with respect to a Whole Loan or any portion thereof, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), to the extent that such P&I Advance relates to a Past Grace Period Serviced Loan when made, or remains outstanding when such Serviced Loan becomes a Past Grace Period Serviced Loan, in which case such interest shall begin to accrue when such Serviced Loan becomes a Past Grace Period Serviced Loan, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges collected on or as set forth in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO LoanSection 3.27; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account or if the Serviced Whole Loan is involved, out of general collections on deposit in the Serviced Whole Loan Custodial Account. As and to the extent provided by Section 3.05(a)) or Section 3.05(f) with respect to a Whole Loan, the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in into the Certificate Account or, if the Serviced Whole Loan is involved are deposited into the Serviced Whole Loan Custodial Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made. Interest accrued on any P&I Advance made under with respect to any Whole Loan under this Section 4.03 shall be payable (unless required to be paid to the One Stamford Forum Note B Holder under any Intercreditor Agreement): (i) first, out of Default Charges collected on or in respect of the related Mortgage Loan, as applicable, during the same Collection Period in which such P&I Advance is reimbursed, (ii) second, out of Default Charges collected on or in respect of the One Stamford Forum Note B, pro rata during the 12-month period in which such Advance is reimbursed, (iii) third, to the extent that the Default Charges described in the immediately preceding clause (i) and (ii) are insufficient, but only if such P&I Advance is being reimbursed at the same time or if such P&I Advance has been previously reimbursed, out of any other collections that were made on or in respect of the Serviced Whole Loan, and (iv) solely with respect to such Whole Loan, to the extent that Default Charges or other collections described in the immediately preceding clauses (i), (ii) and (iii) are insufficient, but only if such P&I Advance is being reimbursed at the same time or if such Advances has been previously reimbursed, out of general collections on or in respect of the Mortgage Loans. (e) With regard to such P&I Advances, the Master Servicer, the Special Servicer or the Trustee shall account for that part of the P&I Advances that is attributable to Past Grace Period Serviced Loans, and that part of the P&I Advances that is attributable to Within Grace Period Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-3)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____715-______ 0036 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____704) ___593-____ 7836 or (704) 593-7867 (or such alternative number provided by the Master Servicer to the Trustee xx xxx Xxxxxx Servxxxx xx xxx Xxustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(e) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees (and, in the case of the 2006-C23 Serviced Mortgage Loan, servicing fees due to the 2006-C23 Master Servicer to the extent not so otherwise paid pursuant to the Prime Outlets Pool Intercreditor Agreement) due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were (i) in each case (other than with respect to the 2006-C23 Serviced Mortgage Loan), to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodPeriod or (ii) in the case of the 2006-C23 Serviced Mortgage Loan, to the extent such amount was required to be advanced by the 2006-C23 Master Servicer pursuant to the 2006-C23 Pooling and Servicing Agreement and the 2006-C23 Master Servicer failed to make such advance, the Master Servicer shall be required to make such P&I Advance only to the extent that the Master Servicer has received all information necessary to determine whether such P&I Advance is a Nonrecoverable Advance; provided that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, by the Master Servicer or the Special Servicer. As soon as reasonably practical after making such determination, the Special Servicer shall report to the Master Servicer the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination by the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustSpecial Servicer. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a particular P&I Advance, and the Trustee shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such determination); provided, however, that, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer or the Special Servicer that such P&I Advance would be Nonrecoverable Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in accordance with the standard of care set forth in Section 8.01(a), makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards set forth in Section 8.01(a) hereunder, including utilizing its good faith business judgment to make such determination. (d) In connection with the recovery by the Master Servicer or the Trustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to rely pay itself or the Trustee, as the case may be, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made (provided, however, no such P&I Advance is outstanding (orinterest shall accrue during any grace period under a Mortgage Loan) to but not including the date of reimbursement, in the case of Advance Interest payable such interest to be payable, subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in related Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received as of by the Master Servicer on or prior to the related date on which such P&I Advance was madeDate. (e) In no event shall the Trustee make a P&I Advance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C25)

P&I Advances. (a) On or before 1:00 p.m., No later than 2:00 p.m. (New York City time, ) on each Master Servicer Remittance P&I Advance Date, the Master Servicer Servicers shall in the case of all Mortgage Loans either (i) remit to the Trustee for deposit into the Lower-Tier Distribution Account Account, as applicable, from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master applicable Servicer's records and replaced by the Master such Servicer by deposit in the Certificate Account Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfIf the Servicers fail to make a required P&I Advance on any P&I Advance Date, as of 1:00 p.m.the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on any Master Servicer Remittance the related Distribution Date, . Neither the Master Servicer shall not have made any Trustee nor either of the Servicers is required to make a P&I Advance required with respect to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerServiced Companion Loan. (b) The Subject to Section 4.03(c) and 4.03(e) below, the aggregate amount of P&I Advances to be made in by the Servicers with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalequal the aggregate of: (i) all Monthly Payments (in each case, subject net of related Servicing Fees and, if applicable, any Non-Serviced Mortgage Loan Primary Servicing Fee) other than Balloon Payments, that were due on a Due Date during the related Due Period and not received as of the close of business on the P&I Advance Determination Date (or not advanced by the applicable Servicer or any Sub-Servicer on behalf of such Servicer) and (ii) with respect to each REO Loan and each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the related Determination Date (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf obligation of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided thatServicers to make such P&I Advances is mandatory, if an Appraisal Reduction Amount exists and with respect to any Required Appraisal Mortgage Loan or successor REO Loan, thenshall continue until the Distribution Date on which the proceeds, if any, received in connection with a Liquidation Event with respect thereto are to be distributed; provided, that if the Monthly Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or, if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and if the Monthly Payment due and owing during the extension period or after such modification, waiver, amendment or bankruptcy is less than the related Assumed Scheduled Payment, then the applicable Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Servicing Fees and any related Non-Serviced Mortgage Loan Primary Servicing Fee) in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, (i) no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance and (ii) neither the applicable Servicer nor the Trustee shall be required to make any P&I Advance hereunder with respect to any mortgage loan or portion thereof that is not a Mortgage Loan. Each of the Servicers and the Trustee may make its determination that a Nonrecoverable P&I Advance has been made or that any proposed P&I Advance would be a Nonrecoverable Advance. The Trustee may conclusively rely on such determination made by the applicable Servicer. The Trustee and the applicable Servicer may conclusively rely on such determination made by the applicable Non-Serviced Mortgage Loan Servicer if such servicer is an "approved" servicer by the rating agencies then rating the Certificates. In addition, the Special Servicer may make a determination that a P&I Advance that has been made is a Nonrecoverable Advance, which determination is binding on such Servicer and the Trustee and shall be conclusively relied on by such Servicer and the Trustee; provided, however, that each of the Servicers and the Trustee may continue to make its own nonrecoverability determinations thereafter, unless the Special Servicer has notified in writing each of the applicable Servicer and the Trustee that it has determined that any future or additional P&I Advances on such Mortgage Loan will be Nonrecoverable P&I Advances Advances. On each Determination Date, the Special Servicer shall report to the Servicer and the Trustee the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or proposed to be reimbursable made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. (d) In connection with the recovery of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a) or the related Serviced Whole Loan Custodial Account pursuant to Section 3.05(e), the applicable Servicer shall be entitled to pay itself or the Trustee, as the case may be (in reverse of such order with respect to any Mortgage Loan or REO Property as to which a P&I Advance was made by such entity pursuant to this Agreement), out of general collections on the Mortgage Pool any amounts then on deposit in the Certificate AccountAccount or the related Serviced Whole Loan Custodial Account (to the extent amounts therein relate to a Mortgage Loan, pursuant to the related Co-Lender Agreement), as applicable, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of such P&I Advance from the date made to but not including the date of reimbursement (or if such P&I Advance was made prior to the end of any grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding following the end of such grace period). The determination by the Master Servicer or, if applicable, Servicers shall reimburse themselves or the Trustee, as the case may be, for any outstanding P&I Advance as soon as practicably possible (but after payment of any outstanding Servicing Fees and Special Servicing Fees due) after funds available pursuant to Section 3.05 for such purpose are deposited in the Certificate Account (with respect to P&I Advances made with respect to Mortgage Loans that it are not part of a Serviced Whole Loan) or the related Serviced Whole Loan Custodial Account (with respect to P&I Advances made with respect to Mortgage Loans that are part of a Serviced Whole Loan). (e) Notwithstanding the foregoing, (i) none of the Servicers or the Trustee shall make a P&I Advance for Yield Maintenance Charges or Penalty Charges or with respect to any Pari Passu Loan or B Note and (ii) the amount of any P&I Advance with respect to a Mortgage Loan, as to which there has been an Appraisal Reduction will be an amount equal to the product of (i) the amount required to be advanced without giving effect to the Appraisal Reduction and (ii) a fraction, the numerator of which is the Stated Principal Balance of such Mortgage Loan as of the immediately preceding Determination Date less any Appraisal Reduction Amount applicable to such Mortgage Loan and the denominator of which is the Stated Principal Balance of such Mortgage Loan as of such Determination Date. All P&I Advances for any Mortgage Loans that have been modified shall be calculated on the basis of their terms as modified. (f) With respect to the 666 Fifth Avenue Mortgage Loan, Servicer No. 2 shall make its determixxxxxx xxxx xx xas made a P&I Advance on such Mortgage Loan that is a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced Advance with respect to such Mortgage Loan independently of any determination made by an Officer's Certificate delivered promptly (and, any masters servicer with respect to a related Other Securitization holding the related Pari Passu Loan under the related Other Pooling and Servicing Agreement in any event, in respect of the case of related Pari Passu Loan. If Servicer No. 2 determines that a proposed P&I Advance by with respect to any such Mortgage Loan if made, or any outstanding P&I Advance with respect to such Mortgage Loan previously made, would be, or is, as applicable, a Nonrecoverable Advance, Servicer No. 2 shall provide any master servicer with respect to such Other Securitization under the Master Servicerrelated Other Pooling and Servicing Agreement, no less than 5 written notice of such determination within one Business Days prior Day of the date of such determination. If Servicer No. 2 receives written notice from any master servicer with respect to such Other Securitization holding the related Pari Passu Loan under the related Other Pooling and Servicing Agreement that it has determined, with respect to the related Master Pari Passu Loan, that any proposed advance of principal and/or interest with respect to such Pari Passu Loan would be, or any outstanding advance of principal and/or interest is, a nonrecoverable advance of principal and/or interest, then such determination shall be binding on the Certificateholders and none of Servicer Remittance Date) to No. 2 or the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together shall make any additional P&I Advances with ( such determination is prior respect to the liquidation of the related Mortgage Loan or REO Propertyunless Servicer No. 2 has consulted with the other related master servicer(s) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information they agree that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer circumstances with respect to the related Whole Loan have changed such that a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each proposed future P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan duringwould not be a Nonrecoverable P&I Advance; provided, however, that the determination of any master servicer with respect to such Other Securitization holding the related Pari Passu Loan under the related Other Pooling and Servicing Agreement shall not be binding on the Certificateholders, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountServicer No. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself 2 or the Trustee, as appropriateapplicable, for shall make its own determination of recoverability, in the event that the master servicer that made such determination is not approved as a master servicer by each of S&P, Fitch and Moody's. Notwithstanding the foregoing, Servicer No. 2 shall continue xx xxxe the discretion provided in this Agreement to determine that any future P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any or outstanding P&I Advance would be, or is, as to which the corresponding Late Collection had been received as applicable, a Nonrecoverable P&I Advance. Once such a determination is made by Servicer No. 2 or Servicer No. 2 receives written notice of such determination by any of the other related date on which such master servicers, none of Servicer No. 2 or the Trustee shall make any additional P&I Advance was madeAdvances with respect to the applicable Mortgage Loan until Servicer No. 2 has followed the process set forth in this paragraph. In the event that Servicer No. 2 receives notice from any of Moody's or S&P that it is no longer approved as a master servicer for xxxxxxcial mortgage securitizations, it shall promptly notify the master servicer with respect to each Other Securitization holding the related Pari Passu Loan under the related Other Pooling and Servicing Agreement. The applicable master servicer shall not be required under the related Other Pooling and Servicing Agreement to abide by any determination of non-recoverability by Servicer No. 2 if Servicer No. 2 is no longer approved as a servicer for commercial securitizations by S&P and Moody's. Servicer No. 1 will have no obligations with respect to the 000 Xxxth Avenue Mortgage Loan under this Agreement. (g) Xxxx xx xxx Xxxvicers or the Trustee or the Fiscal Agent shall advance any amount due to be paid by a Swap Counterparty for distribution to the Class A-MFL Certificates or Class A-JFL Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GE Commercial Mortgage Corporation, Series 2007-C1 Trust)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-[______ __________] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. ([____) ___-____ _____] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an a Servicer Termination Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans that are included in the Trust Fund delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of [___] Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; provided, further, that the Master Servicer shall not advance Excess Interest with respect to ARD Loans or a Prepayment Premium. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, with respect to the Mortgage Loans, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Trustee that it has made a Nonrecoverable P&I Advance has been made or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 [___] Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and Depositor, the 17g-5 Information Provider (and, subject to Section 3.15, the Rating Agencies), the Directing Certificateholder, setting forth the basis for such determination, together with ( (such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve 12 months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's ’s Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, . The Master Servicer and the Master Servicer Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the The Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), to the extent that such P&I Advance relates to a Past Grace Period Loan when made, or remains outstanding when such Mortgage Loan becomes a Past Grace Period Loan, in which case such interest shall begin to accrue when such Mortgage Loan becomes a Past Grace Period Loan, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges collected on or as set forth in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO LoanSection 3.27; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in into the Certificate Account, Account and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made. (e) With regard to such P&I Advances, the Master Servicer, the Special Servicer or the Trustee shall account for that part of the P&I Advances that is attributable to Past Grace Period Loans, and that part of the P&I Advances that is attributable to Within Grace Period Loans. (f) [RESERVED]. (g) None of the Master Servicer or the Trustee shall advance any amount due to be paid by the Class A-FL Swap Counterparty for distribution to the Class A-FL Certificates. In addition, for the avoidance of doubt, if funds allocated to payment of interest distributions on the Class A-FL Regular Interest are insufficient to pay the Accrued Certificate Interest on the Class A-FL Regular Interest, the amount paid to the Class A-FL Swap Counterparty will be reduced and interest paid by the Class A-FL Swap Counterparty under the Class A-FL Swap Contract will be reduced, on a dollar-for-dollar basis, by an amount equal to the difference between the amount actually paid to the Class A-FL Swap Counterparty and the amount that would have been paid if the funds allocated to payment of interest distributions on the Class A-FL Regular Interest had been sufficient to pay the Accrued Certificate Interest on the Class A-FL Regular Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account (or the Loan REMIC Distribution Account in the case of a Component Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of on or before 2 Business Days prior to such Distribution Date. If the Servicer fails to make a required P&I Advance by 1:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer an Event of Default as set forth in clause (a)(i) of Section 7.01 shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (occur and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of make such failure P&I Advance pursuant to a Servicing Officer of the Master Servicer Section 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, in each case unless the Servicer shall have cured such Master Servicer Remittance failure (and provided written notice of such cure to the Trustee and the Paying Agent) by 11:00 a.m. on such Distribution Date. If, after such noticeIn the event that the Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive the full amount of such P&I Advances circumstances by the close of business 4:30 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The Subject to Sections 4.03(c) and (e) below, the aggregate amount of P&I Advances to be made in by the Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalequal the aggregate of: (i) all Monthly Payments (in each case, subject net of related Servicing Fees) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by the Servicer or any Sub-Servicer on behalf of the Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect thereto are to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datedistributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. . (d) In additionconnection with the recovery of any P&I Advance out of the Certificate Account or either Component Mortgage Loan Collection Account, Nonrecoverable P&I Advances shall be reimbursable as applicable, pursuant to Section 3.05(a), the Servicer shall be entitled to pay the Trustee and itself (in that order of priority) as the case may be out of general collections on the Mortgage Pool any amounts then on deposit in the Certificate Account or such Component Mortgage Loan Collection Account. The determination by the Master Servicer or, if as applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a mortgage loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the Master The Servicer shall reimburse itself or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account or the related Component Mortgage Loan Collection Account, as applicable. (e) Notwithstanding the foregoing, (i) neither the Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such Servicer or the Trustee be required to make a P&I Advance was madeadvance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Sec Corp Pass Thru Cert Ser 2003-Cibc6)

P&I Advances. With Respect to the Mortgage Pool. (a) On or before 1:00 2:00 p.m., New York City time, on each Trust Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) deposit into the Distribution Account from below, satisfy its own funds an amount equal obligations to make any required P&I Advances with respect to the aggregate amount of P&I Advances, if any, to be made related Distribution Date in respect of the related Distribution DateMortgage Pool, (ii) apply first, by transferring to the Trustee for deposit in the Collection Account amounts then held in the Certificate Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on Trustee for deposit in the Certificate Account, Collection Account in an amount equal to the Master Servicer shall use remaining portion of such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such required P&I Advances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding applicable Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 4:00 p.m., New York City time, on any Trust Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and any required supporting documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____715-______ 0036 (or such alternative number provided by the Master Servicer to the Sxxxxxxx xx xxx Trustee in writing) and by telephone at telephone no. (____704) ___593-____ 7768 or (704) 593-7732 (or such alternative number provided by the Master Servicer to the providxx xx xxx Xxxxer Sxxxxxxx xx xxx Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Trust Master Servicer Remittance Date. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee (or any Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Trust Master Servicer Remittance Date and (ii) Date. If the Trustee fails to make any such failure shall constitute an Event of Default P&I Advance on the part of related Distribution Date, but a Fiscal Agent makes such P&I Advance on such date, then the Master ServicerTrustee shall be deemed not to be in default hereunder. No party hereto shall be required to make a P&I Advance with respect to any Non-Trust Mortgage Loan or any successor REO Mortgage Loan with respect thereto. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or any Fiscal Agent, as the case may be, pursuant to this Section 4.03 in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (cSection 4.03(c) below, equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees (and, in the case of each Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, further net of any related similar fees payable hereunder, that were to third parties with respect to the subject Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto pursuant to the related Outside Servicing Agreement) due or deemed due, as the case may be, in respect thereof of the Trust Mortgage Loans (including Balloon Trust Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Trust Mortgage Loans in the Mortgage Pool on their respective Due Dates during the calendar month in which the subject Distribution Date occurs, in each case to the extent such amount was not Received by the Trust (including as net income from any related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected REO Property) as of the close of business on the last day end of the related Collection Period; provided that, that-- (i) if it is determined by the applicable Outside Servicer and reported to the applicable parties hereunder that an Appraisal Reduction Amount exists with respect to any Required Outside Serviced Loan Combination, and a portion of such Appraisal LoanReduction Amount is allocable to the Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, thenas applicable, in the event that is part of subsequent delinquencies thereonsuch Outside Serviced Loan Combination, then the interest portion of each P&I Advance, if any, required to be made pursuant to this Section 4.03 with respect to such Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, as the P&I Advance in respect of case may be, during the period that such Required Appraisal Loan for the related Distribution Date Reduction Amount continues to exist, shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (iA) the amount of the interest portion of such the subject P&I Advance for that would otherwise be required to be made under this Section 4.03 with respect to such Required Appraisal Trust Mortgage Loan for such Distribution Date or any successor REO Trust Mortgage Loan with respect thereto, as the case may be, without regard to this proviso, multiplied by (iiB) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, as the case may be, reduced (to not less than zero) by the portion of any Appraisal Reduction Amount in respect of the subject Outside Serviced Loan immediately prior Combination that is allocable to such Distribution DateTrust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, net of as the related Appraisal Reduction Amount, if anycase may be, and the denominator of which is equal to the then Stated Principal Balance of such Required Appraisal Trust Mortgage Loan immediately prior to such Distribution Date.or any successor REO Trust Mortgage Loan with respect thereto, as the case may be; (cii) Notwithstanding anything herein if it is determined that an Appraisal Reduction Amount exists with respect to any Serviced Loan Combination and, further, that a portion of such Appraisal Reduction Amount is allocable to the contraryTrust Mortgage Loan or REO Trust Mortgage Loan, no as applicable, that is part of such Serviced Loan Combination, then the interest portion of each P&I Advance shall be Advance, if any, required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to this Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior 4.03 with respect to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Trust Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO PropertyTrust Mortgage Loan, as the case may be, which shall have been performed within during the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination period that such Appraisal Reduction Amount continues to exist, shall be reduced to equal the product of (A) the amount of the interest portion of the subject P&I Advance that would otherwise be nonrecoverable. If required to be made under this Section 4.03 with respect to such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer Trust Mortgage Loan or the Special ServicerREO Trust Mortgage Loan, as the case may be, maywithout regard to this proviso, multiplied by (B) a fraction, the numerator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, reduced (to not less than zero) by the portion of such Appraisal Reduction Amount with respect to the subject Serviced Loan Combination that is allocable to its reasonable such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, and good faith determination the denominator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be; and (iii) if it is determined that an Appraisal Reduction Amount exists with respect to any Trust Mortgage Loan or REO Trust Mortgage Loan that is not part of a Loan Combination, then the interest portion of each P&I Advance, if any, required to be made pursuant to this Section 4.03 with respect to such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, during the period that such Appraisal will demonstrate Reduction Amount continues to exist, shall be reduced to equal the nonrecoverability product of (A) the amount of the related Advanceinterest portion of the subject P&I Advance that would otherwise be required to be made under this Section 4.03 in respect of such Trust Mortgage Loan or REO Trust Mortgage Loan, obtain as the case may be, without regard to this proviso, multiplied by (B) a fraction, the numerator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, reduced (to not less than zero) by such Appraisal Reduction Amount, and the denominator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be; and provided, further, that the existence of an Appraisal for Reduction Amount with respect to, or that is allocable to, any Trust Mortgage Loan or REO Trust Mortgage Loan shall not affect the principal portion of any required P&I Advance with respect thereto. For purposes of determining the amount of P&I Advances to be made with respect to any Distribution Date, if an Appraisal Reduction Amount exists with respect to any Serviced Loan Combination, then such purpose at the expense of the Trust. The Trustee Appraisal Reduction Amount shall be entitled to rely on any determination of nonrecoverability that may have been made by allocated between the Master Servicer Mortgage Loans or REO Mortgage Loans, as applicable, in the Special Servicer subject Loan Combination as follows: (i) with respect to a particular P&I AdvanceServiced Pari Passu Loan Combination (if any), any Appraisal Reduction Amount shall be allocated, first, to any related Serviced Subordinate Non-Trust Mortgage Loan(s) (or any successor REO Mortgage Loan(s) with respect thereto) (up to the amount of the outstanding principal balance of, and all accrued and unpaid interest (other than Default Interest) on, such Serviced Subordinate Non-Trust Mortgage Loan(s) (or any successor REO Mortgage Loan(s) with respect thereto), and then, on a pro rata basis by principal balance, between the Master Servicer shall be entitled to rely on related Serviced Combination Trust Mortgage Loan and the related Serviced Pari Passu Non-Trust Mortgage Loan (or between any determination of nonrecoverability that may have been made by the Special Servicer successor REO Mortgage Loans with respect thereto); and (ii) with respect to a particular P&I Advance. Serviced A/B Loan Combination (d) As and if any), any Appraisal Reduction Amount shall, in each case, be allocated, first, to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled related Serviced Note B Non-Trust Mortgage Loan(s) (or any successor REO Mortgage Loan(s) with respect thereto) (up to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby the outstanding principal balance of, and all accrued and unpaid interest (out of its own fundsother than Default Interest) for so long as on, such P&I Advance is outstanding Serviced Note B Non-Trust Mortgage Loan(s) (oror any successor REO Mortgage Loan(s) with respect thereto)), in and then, to the case of Advance Interest payable to related Serviced Note A Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto). If the Master Servicer, if earlierthe Trustee or any Fiscal Agent makes a P&I Advance with respect to an Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, until then it shall promptly so notify the Late Collection related Outside Master Servicer of the delinquent principal and/or interest in respect of which each such P&I Advance was so made has been received by the Master Servicer or any of its Sub-Servicers), thereby and shall seek reimbursement for such P&I Advance (together with interest will be paid: first, thereon) out of any Default Charges collected on or in amounts otherwise payable with respect of to the related Mortgage Outside Serviced Loan during, and allocable to, the period, if any, Combination that it was a Specially includes such Outside Serviced Trust Mortgage Loan or an any successor REO Loan; Trust Mortgage Loan with respect thereto, to the maximum extent permitted by, and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available amounts specified for such purpose are deposited in the Certificate Accountunder, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeCo-Lender Agreement and/or the related Outside Servicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2006-C7)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i), subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account received after the Determination Date with respect to the related Collection Period or for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.10:00 a.m., New York City time, on such Master Servicer Remittance Datethe next Business Day. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (11:00 a.m., New York City time) , on the Business Day immediately following such Master Servicer Remittance P&I Advance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance P&I Advance Date and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Master Servicing Fees, Special Servicing Fees, Special Servicer Strip, Additional Servicing Fee and any related Principal Recovery Fees, due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including received as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, (i) if the Monthly Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Monthly Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Master Servicing Fees, Special Servicing Fees, the Special Servicer Strip, Additional Servicing Fees and any related Principal Recovery Fees) in the event of subsequent delinquencies thereon; and (ii) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) only an amount equal to equal the product of (ix) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisosentence, multiplied by (iiy) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( any other information that support such determination is prior to determination, including appraisals (which appraisal shall be conducted in accordance with the liquidation standards of the related Mortgage Loan Appraisal Institute taking into account the factors specified in Section 3.18(e), including without limitation, any environmental, engineering or REO Property) other third party reports available, and other factors that a prudent real estate appraiser would consider (or, if no such appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determinationdetermination by an Independent Appraiser or other expert in real estate matters)), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any Trust Fund, that support such determination of nonrecoverability that may have been made by the Master Servicer or Servicer. (d) In connection with its recovery of any P&I Advance out of the Special Servicer with respect Certificate Account pursuant to a particular P&I AdvanceSection 3.05(a), and the Master Servicer shall be entitled to rely pay itself, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case date made to but not including the date of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountreimbursement. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriate, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date (or, 3:00 p.m. New York City time if the last day of the Collection Period is deemed to be the P&I Advance Date), the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal (with respect to the 11 Madison Avenue Loan, to the extenx xx xxxx xxxxxxxal and interest allocable to the 11 Madison Avenue Pooled Component axx, xxxx xxxxxxx to the 11 Madison Avenue Non-Pooled Componexx, xxx xxxxxx xx P&I Advances of interest only, and not principal, allocable to the 11 Madison Avenue Non-Pooled Componexx), xx xxxxxx xxual to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____715-______ 0036 (or such alternative number provided xxxxxx xxxxxxxd by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____704) ___593-____ 7836 or (704) 593-7867 (or such alternative xxxx xxxxxxxxive number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that or the Fiscal Agent shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but the Fiscal Agent makes such P&I Advance on such date, then such failure shall constitute an Event of Default on the part of the Master ServicerTrustee shall be deemed to be cured. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or the Fiscal Agent in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(f) below, equal the aggregate of all Periodic Payments (except that in the case of the 11 Madison Avenue Non-Pooled Componexx, xxxx xxx xxxxrest portion of the Periodic Payment due on the 11 Madison Avenue Loan allocable to xxx 00 Xxxxxxx Xxenue Non-Pooled Componexx) (xxxxx xxxx Xalloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees (and, in the case of the 11 Madison Avenue Loan, servicing fexx xxx xx xxx 0004-C10 Master Servicer to the extent not so otherwise paid pursuant to the 11 Madison Avenue Intercreditor Agrexxxxx) xxx xx xxxmed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were (i) in each case other than with respect to the 2004-C10 Serviced Mortgage Loan, to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the earlier of the close of business on the last day of related Collection Period and 3:00 p.m. New York City time on the P&I Advance Date or (ii) in the case of the 2004-C10 Serviced Mortgage Loan, to the extent such amount was required to be advanced by the 2004-C10 Master Servicer or the 2004-C10 Trustee pursuant to the 2004-C10 Pooling and Servicing Agreement and the 2004-C10 Master Servicer or the 2004-C10 Trustee failed to make such advance, the Master Servicer shall be required to make such P&I Advance only to the extent the Master Servicer has received all information necessary to determine whether such P&I Advance is a Nonrecoverable Advance; provided, that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Collection PeriodMortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer, the Trustee or the Fiscal Agent shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; provided that, and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer, the Trustee or the Fiscal Agent will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed Fiscal Agent and the Depositor on or before the related P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, by the Master Servicer or the Special Servicer. As soon as reasonably practical after making such determination, the Special Servicer shall report to the Master Servicer the Special Servicer's determination as the case may be, may, subject to its reasonable and good faith determination that whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Appraisal will demonstrate the nonrecoverability of the related Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee Master Servicer shall be entitled to conclusively rely on such determination by the Special Servicer. The Trustee and the Fiscal Agent shall be entitled to rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a particular P&I Advance, and the Trustee or the Fiscal Agent, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee or the Fiscal Agent determines that it does not have sufficient time to make such determination); provided, however, that, if the Master Servicer shall be entitled has failed to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to make a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received reasons other than a determination by the Master Servicer or any of its Sub-Servicers), and the Special Servicer that such interest will P&I Advance would be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable toNonrecoverable Advance, the periodTrustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, if anyin good faith, makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance; provided further, however, that it was if the Trustee fails to make such Servicing Advance for reasons other than a Specially Serviced Mortgage Loan determination by the Trustee that such Servicing Advance would be a Nonrecoverable Advance, the Fiscal Agent shall make such Servicing Advance within the time periods required by Section 4.03(a) unless the Fiscal Agent in good faith, makes a determination that such P&I Advance would be a Nonrecoverable Advance. The Trustee, in determining whether or an REO Loan; and secondnot a P&I Advance previously made is, at any time coinciding with or following the reimbursement of such a proposed P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and if made, would be, a Nonrecoverable Advance shall be subject to the extent provided by standards set forth in Section 3.05(a8.01(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2004-C12)

P&I Advances. (a) On or before 1:00 p.m., New York City timeNex Xxxx Xxxx xxxx, on each P&I Advance Date, each Master Servicer Remittance Dateshall, the Master Servicer shall subject to Section 4.03(c), either (i) deposit into the Distribution Account remit from its own funds an amount equal to the Trustee for deposit into the Lower-Tier Distribution Account or the 622 Third Avenue Loan REMIC Distribution Account, as applicable, an axxxxx xxxxx xx xhe aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate its Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any made by such Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate a Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the applicable Master Servicer's records and replaced by the applicable Master Servicer by deposit in the Certificate such Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:30 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the a Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:30 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee does not receive the full amount of such P&I Advances by the close of business (6:00 p.m., New York City time) , on such Master Servicer Remittance P&I Advance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made(or any Fiscal Agent on its behalf) shall (not later than 12:00 noon, New York City time, on the Trustee shall related Distribution Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on with respect to the part of the related Distribution Date, provided that no Master Servicer, Special Servicer, the Trustee or any Fiscal Agent shall be required to make any P&I Advance with respect to any B Loan. (b) The aggregate amount of P&I Advances to be made by each Master Servicer in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalDate, subject to subsection (cSection 4.03(c) below, shall equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of any related Master Servicing Fees and Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments) as to which such Master Servicer is the applicable Master Servicer and any successor REO Mortgage Loans on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Borrower or otherwise collected by or on behalf of the Trust as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, then the interest portion of the any P&I Advance required to be made in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for that would otherwise be required to be made in respect of such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is shall equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the a Master Servicer (or, if applicable, the Trustee, Trustee or any Fiscal Agent) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be made by such Person in its reasonable judgment and shall be evidenced by an Officer's Certificate delivered promptly (to the Depositor, to the applicable Special Servicer, to the Controlling Class Representative and, in any eventif made by such Master Servicer, to the Trustee (on or before the related P&I Advance Date in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained therebyAdvance), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) accompanied by a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been Property performed within the twelve 12 months preceding such determinationdetermination by a Qualified Appraiser, and further accompanied by any other information information, including engineers' reports, environmental surveys or similar reports, that the Master Servicer or the Special Servicer Person making such determination may have obtained and that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee any Fiscal Agent shall be entitled to conclusively rely on any nonrecoverability determination of nonrecoverability that may have been made by the a Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master . The applicable Special Servicer shall be entitled promptly furnish any party required to rely on make P&I Advances hereunder with any determination of nonrecoverability that information in its possession regarding the Specially Serviced Mortgage Loans and REO Properties as such party required to make P&I Advances may have been made by the Special Servicer with respect to a particular P&I Advancereasonably request. (d) As and to the extent permitted by Section 3.05(a)Each Master Servicer, the Master Servicer Trustee and the Trustee any Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of with its own funds) ), for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by prior to the Master Servicer or end of any grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding following the end of its Sub-Servicerssuch grace period). Such interest with respect to any P&I Advance shall be payable: (i) first, in accordance with Sections 3.05 and such interest will be paid: first3.26, out of any Default Charges subsequently collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced particular Mortgage Loan or an REO LoanMortgage Loan as to which such P&I Advance relates; and second(ii) then, at any time coinciding with or following the reimbursement of after such P&I AdvanceAdvance is reimbursed, but only if and to the extent that such Default Charges are insufficient to cover such Advance Interest, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Collection Account. As and to the extent provided by Section 3.05(a), the Each Master Servicer shall reimburse itself itself, the Trustee or the Trusteeany Fiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby with respect to any Mortgage Loan or REO Mortgage Loan as soon as practicable after funds available for such purpose are deposited in the Certificate Collection Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by or on behalf of the Trust as of the related date on which such P&I Advance was madeDate. No Master Servicer shall be entitled to Advance Interest on any particular P&I Advance made thereby to the extent a payment is received but is being held by or on behalf of such Master Servicer in suspense.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mor Sec Corp Com Cer Ser 2003-C3)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Trustee for deposit into the Lower-Tier Distribution Account (or the Loan REMIC Distribution Account in the case of the Simon Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Servicer shall notify the Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of on or before 2 Business Days prior to such Distribution Date. If the Servicer fails to make a required P&I Advance by 1:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer an Event of Default as set forth in clause (a)(i) of Section 7.01 shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (occur and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of make such failure P&I Advance pursuant to a Servicing Officer of the Master Servicer Section 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, in each case unless the Servicer shall have cured such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount failure (and provided written notice of such P&I Advances cure to the Trustee) by the close of business (New York City time) 11:00 a.m. on such Master Servicer Remittance Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The Subject to Sections 4.03(c) and (e) below, the aggregate amount of P&I Advances to be made in by the Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalequal the aggregate of: (i) all Monthly Payments (in each case, subject net of related Servicing Fees) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by the Servicer or any Sub-Servicer on behalf of the Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect thereto are to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datedistributed. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. . (d) In additionconnection with the recovery of any P&I Advance out of the Certificate Account or the Simon Collection Account, Nonrecoverable P&I Advances shall be reimbursable as applicable, pursuant to Section 3.05(a), the Servicer shall be entitled to pay the Trustee and itself (in that order of priority) as the case may be out of general collections on the Mortgage Pool any amounts then on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a mortgage loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the Master The Servicer shall reimburse itself or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and in (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the amount that would be due on such day based on the full amortization schedule used to calculate the Monthly Payments thereon prior to the Maturity Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such Servicer or the Trustee be required to make a P&I Advance was madeadvance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Pas THR CRT Ser 2002 Cibc5)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 10:00 a.m. on the Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the TrusteeTrustee or the Fiscal Agent, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee and the Fiscal Agent shall each deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee and the Fiscal Agent shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer Servicer, the Trustee and the Trustee Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan and out of any Default Interest collected on or in respect of the related Mortgage Loan that is a Credit Lease Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp 1999-LTL-1 Commer Loan Pas THR Cer)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds (with respect to the Four Seasons Resort and Club - Dallas, TX Loan, to the extent of both principal and interest allocable to the Four Seasons Resort and Club - Dallas, TX Pooled Component and, with respect to the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component, the amount of P&I Advances of interest only, and not principal, allocable to the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component), an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Co-Trustee the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Co-Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Co-Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Co-Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if madethen, the Trustee shall notify the Co-Trustee and subject to Section 4.03(c), (i) the Co-Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Co-Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(e) below, equal the aggregate of all Periodic Payments (except that in the case of the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component, only the interest portion of the Periodic Payment due on the Four Seasons Resort and Club - Dallas, TX Loan allocable to the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component) (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees (and, in the case of The Gas Company Tower Loan, the RLJ Hotel Pool Loan and the 000-000 Xxxxxxx Xxxxxx Loan, servicing fees due to the X.X. Xxxxxx 2006-LDP8 Master Servicer No. 1 or the 2006-C27 Master Servicer, as the case may be, to the extent not so otherwise paid pursuant to the related Intercreditor Agreement) due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period (i) in each case (other than with respect to the X.X. Xxxxxx 2006-LDP8 Serviced Mortgage Loan and that were the 2006-C27 Serviced Mortgage Loans), to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodPeriod or (ii) in each case with respect to the X.X. Xxxxxx 2006-LDP8 Serviced Mortgage Loan and the 2006-C27 Serviced Mortgage Loans, to the extent such amount was required to be advanced by the X.X. Xxxxxx 2006-LDP8 Master Servicer No. 1 pursuant to the X.X. Xxxxxx 2006-LDP8 Pooling and Servicing Agreement or by the 2006-C27 Master Servicer pursuant to the 2006-C27 Pooling and Servicing Agreement, as the case may be, and the X.X. Xxxxxx 2006-LDP8 Master Servicer No. 1 or the 2006-C27 Master Servicer, as the case may be, failed to make such advance, the Master Servicer shall be required to make such P&I Advance only to the extent that the Master Servicer has received all information necessary to determine whether such P&I Advance is a Nonrecoverable Advance; provided that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Co-Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment (or in the case of the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component, only the interest portion of the Periodic Payment due on the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component) due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer or the Co-Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator Pass-Through Rate) applicable to the Class of Certificates to which such Appraisal Reduction Amount is allocated pursuant to Section 4.04(d) and (B) the amount of the principal portion of the P&I Advance that would otherwise be required without regard to this clause (y) (or, in the case of the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component, an amount equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Dateclause (A) only). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's ’s Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed Co-Trustee and the Depositor on or before the related P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers’ reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that supports support such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, by the Master Servicer or the Special Servicer. As soon as reasonably practical after making such determination, the Special Servicer shall report to the Master Servicer the Special Servicer’s determination as the case may be, may, subject to its reasonable and good faith determination that whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Appraisal will demonstrate the nonrecoverability of the related Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Master Servicer shall be entitled to conclusively rely on such determination by the Special Servicer. The Co-Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a particular P&I Advance, and the Co-Trustee shall rely on the Master Servicer’s determination that the P&I Advance would be a Nonrecoverable Advance if the Co-Trustee determines that it does not have sufficient time to make such determination); provided, however, that, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer or the Special Servicer that such P&I Advance would be Nonrecoverable Advance, the Co-Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Co-Trustee, in accordance with the standard of care set forth in Section 8.01(a), makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Co-Trustee, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards set forth in Section 8.01(a) hereunder, including utilizing its good faith business judgment to make such determination. (d) In connection with the recovery by the Master Servicer or the Co-Trustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to rely pay itself or the Co-Trustee, as the case may be, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made (provided, however, no such P&I Advance is outstanding (orinterest shall accrue during any grace period under a Mortgage Loan) to but not including the date of reimbursement, in the case of Advance Interest payable such interest to be payable, subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in related Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans (other than the Four Seasons Resort and any REO Properties Club - Dallas, TX Non-Pooled Component unless the Advance is related to such Mortgage Loan) then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Co-Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received as by the Master Servicer on or prior to the related P&I Advance Date. (e) In no event shall the Co-Trustee make a P&I Advance with respect to any Companion Loan. (f) None of the Master Servicer, the Paying Agent, the Co-Trustee or the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-4FL Certificates. (g) Notwithstanding the foregoing, subject to Section 4.03(b) and Section 4.03(c), the Master Servicer shall make P&I Advances in respect of any Serviced Pari Passu Companion Loan only during such time such Serviced Pari Passu Companion Loan is included in a securitization or a collateralized debt obligation in which interests therein are issued or created pursuant to the terms of the related date on which such Intercreditor Agreement. With respect to any P&I Advance made on any Serviced Pari Passu Companion Loan, the Master Servicer shall be entitled to recovery of such amounts from the holder thereof. For the avoidance of doubt, the Trust Fund shall not be liable for any recoveries of P&I Advances made by the Master Servicer on such Serviced Pari Passu Companion Loan. Notwithstanding anything to the contrary contained herein, the Co-Trustee shall have no obligation hereunder to, and shall not make P&I Advances in respect of, any Serviced Pari Passu Companion Loan. (h) Amounts in respect of the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component are not available for distributions on the Sequential Pay Certificates, nor are they available for the reimbursement of advances on the Sequential Pay Certificates or the Class FS Certificates if such Nonrecoverable Advance was madeunrelated to the Four Seasons Resort and Club - Dallas, TX Loan. If an Advance on the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component becomes a Nonrecoverable Advance (including, among other considerations set forth herein, the Master Servicer, the Co-Trustee or the Trustee, as applicable, is unable to recover such amounts from amounts otherwise available for distribution on the Class FS Certificates) the Master Servicer, the Co-Trustee or the Trustee, as applicable, may recover such Nonrecoverable Advance (including interest thereon) from the assets of the Trust Fund available for distribution on the Certificates pursuant to the terms hereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C28)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account (or the Loan REMIC Distribution Account in the case of the One Post Office Square B Note) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of on or before 2 Business Days prior to such Distribution Date. If the Servicer fails to make a required P&I Advance by 1:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer an Event of Default as set forth in clause (a)(i) of Section 7.01 shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (occur and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of make such failure P&I Advance pursuant to a Servicing Officer of the Master Servicer Section 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, in each case unless the Servicer shall have cured such Master Servicer Remittance failure (and provided written notice of such cure to the Trustee and the Paying Agent) by 11:00 a.m. on such Distribution Date. If, after such noticeIn the event that the Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive the full amount of such P&I Advances circumstances by the close of business 4:30 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by the Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payment (or in the case of the One Post Office Square B Note, subject only the interest portion of the Monthly Payment due on the One Post Office Square B Note) (net of related Servicing Fees) other than Balloon Payments, that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by the Servicer or any Sub-Servicer on behalf of the Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment (or, with respect to the One Post Office Square B Note, only the interest portion of the Assumed Scheduled Payment for the One Post Office Square B Note) therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateCompanion Loans. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable the Servicer shall consider Unliquidated Advances in respect of prior P&I Advances shall be reimbursable for purposes of nonrecoverable determinations as if such P&I Advances were unreimbursed Servicing Advances. (d) In connection with the recovery of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), the Servicer shall be entitled to pay the Trustee and itself (in that order of priority) as the case may be out of general collections on the Mortgage Pool any amounts then on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive Account interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a mortgage loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the Master The Servicer shall reimburse itself or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and in (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such Servicer or the Trustee be required to make a P&I Advance was madeadvance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Ps THR Certs Ser 2003-Ln1)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on such the related Distribution Date, unless the Master Servicer Remittance shall have cured such failure (and provided written notice of such cure to the Trustee and the Paying Agent) by 11:00 a.m. on such Distribution Date. If, after such noticeIn the event that the Master Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive the full amount of such P&I Advances circumstances by the close of business 4:30 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date (or not advanced by any Sub-Servicer on behalf of the Master Servicer) and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) the Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal a Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. . (d) In additionconnection with the recovery of any P&I Advance out of the Certificate Account, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and pay the Trustee shall each and itself (in that order of priority) as the case may be entitled to receive out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or and/or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and in (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicer or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Cibc15)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into immediately available funds to the Bond Distribution Account from its own funds in an amount equal to the aggregate amount of P&I AdvancesAdvance, if any, to be made in respect of the related Distribution Date, from either (i) the Servicer's own funds, (ii) apply amounts allocable to the Allied Interests or the Funding Note held in the Certificate Collection Account for future distribution to Certificateholders in subsequent months remittances hereunder in discharge of any such obligation to make such P&I Advances, Advance or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of the P&I Advances Advance to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances made on any Master Servicer such Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesDate. Any amounts allocable to the Allied Interests and the Funding Note held in the Certificate Collection Account for future distribution remittances hereunder and so used to make a P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) Advance shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer from its own funds by deposit in the Certificate Collection Account on or before the next succeeding Determination Remittance Date (to the extent not previously replaced through the deposit of Late Collections collections of the delinquent principal and/or interest in respect of which such P&I Advances were Advance was made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of the P&I Advances Advance to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and on any REO Loans for any Distribution Remittance Date shall equalshall, subject to subsection (c) below, equal the aggregate excess, if any, of all Monthly Payments (other than Balloon Paymentsi) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf sum of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Interest Distribution Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in and the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan Principal Distribution Amount for such Distribution Date without regard to this proviso, multiplied by over (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of Remittable Funds for such Required Appraisal Loan immediately prior to such Distribution Remittance Date, net of reduced by any amounts then held by the Indenture Trustee in the Bond Distribution Account and available for payment to Bondholders on the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding The obligation of the Servicer to make any P&I Advance is mandatory; provided, however, that notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if and to the extent such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Indenture Trustee (or, if applicable, retained thereby), the Depositor and the Rating AgenciesIssuer, setting forth the detailing a basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal appraisal of the each related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determinationdetermination by the Servicer and prepared by an Independent appraiser in accordance with the Servicing Standard, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that relevant thereto which supports such determinationdetermination by the Servicer. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal Servicer shall not have been required and performed pursuant any liability to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.the

Appears in 1 contract

Samples: Sale and Servicing Agreement (Allied Capital Corp)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i), subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account received after the Determination Date with respect to the related Collection Period or for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.10:00 a.m., New York City time, on such Master Servicer Remittance Datethe next Business Day. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (11:00 a.m., New York City time) , on the Business Day immediately following such Master Servicer Remittance P&I Advance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance P&I Advance Date and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Scheduled Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Master Servicing Fees, Special Servicing Fees, Additional Servicing Fees, any Master Servicer Strip and any related Principal Recovery Fees, due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including received as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, (i) if the Monthly Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Monthly Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer shall, as to such Mortgage Loan only, advance only the amount of the Monthly Payment due and owing after taking into account such reduction (net of related Master Servicing Fees, Master Servicer Strip, Special Servicing Fees, Additional Servicing Fees and any related Principal Recovery Fees) in the event of subsequent delinquencies thereon; (ii) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) only an amount equal to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisosentence, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateMortgage Loan, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan; and (iii) provided further that, if the date on which any Balloon Payment is scheduled to be due on any Mortgage Loan is extended by the Special Servicer in accordance with Section 3.20 and the Loan-to-Value Ratio for such Mortgage Loan at the time of such extension is in excess of 100%, then (unless the Class A-1 Certificates, the Class A-2 Certificates, and the Class A-3 Certificates are collectively the Controlling Class or such Mortgage Loan becomes a Required Appraisal Loan) the interest portion of any P&I Advance that would otherwise be made in respect of such Mortgage Loan immediately prior during the extension period shall be reduced by an amount equal to the product of (i) such Distribution Dateinterest portion, multiplied by (ii) a fraction, the numerator of which is the excess, if any, of (A) the then aggregate Stated Principal Balance of the Mortgage Pool, over (B) the then aggregate of the Class Principal Balances of those Classes of Regular Certificates (other than the Class IO Certificates) with an earlier alphabetical Class designation than the Controlling Class, and the denominator of which is the then aggregate Stated Principal Balance of the Mortgage Pool. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including appraisals; which appraisal shall be conducted in accordance with the liquidation standards of the related Mortgage Loan Appraisal Institute take into account the factors specified in Section 3.18(e), including without limitation, any environmental, engineering or REO Property) other third party reports available, and other factors that a prudent real estate appraiser would consider (or, if no such appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determinationdetermination by an Independent Appraiser or other expert in real estate matters), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any Trust Fund, that support such determination of nonrecoverability that may have been made by the Master Servicer or Servicer. (d) In connection with its recovery of any P&I Advance out of the Special Servicer with respect Certificate Account pursuant to a particular P&I AdvanceSection 3.05(a), and the Master Servicer shall be entitled to rely pay itself, out of any amounts then on any determination of nonrecoverability that may have been made by deposit in the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)Certificate Account, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in from the case of Advance Interest payable date made to but not including the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.of

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date (or 3:00 p.m. New York City time if the last day of the Collection Period is deemed to be the P&I Advance Date), the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____593-______ 7735 (or such alternative number provided by the Master Servicer to the Trustee Serxxxxx xx xxx Xrustee in writing) and by telephone at telephone no. (____704) ___593-____ 7820 or (704) 593-7831 (or such alternative number provided by the Master Servicer to the Trustee xx xxx Xxxxxx Serxxxxx xx xxx Xrustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) such failure the provisions of Sections 7.01 and 7.02 shall constitute an Event of Default on the part of the Master Servicerapply. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee in respect of any Distribution Date shall, subject to Section 4.03(c) below, equal the aggregate of all Periodic Payments (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection Period; provided provided, that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer or the Trustee shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Loan, the Master Servicer or the Trustee will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator of which is equal Pass-Through Rate) applicable to the Stated Principal Balance Class of Certificates to which such Required Appraisal Loan immediately prior Reduction Amount is allocated pursuant to such Distribution Date, net Section 4.04(d) and (B) the amount of the related Appraisal Reduction Amount, if any, and principal portion of the denominator of which is equal P&I Advance that would otherwise be required without regard to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datethis clause (y). (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), and the Depositor and on or before the Rating Agenciesrelated P&I Advance Date, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that support such determination by the Master Servicer. On the fourth Business Day before each Distribution Date, the Special Servicer may have obtained and that supports shall report to the Master Servicer the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination. The Trustee shall deliver be entitled to rely, conclusively, on any determination by the Master Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee determines that it does not have sufficient time to make such Officer's Certificate as soon as practicable after its determination); provided, however, that, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be nonrecoverable. If Nonrecoverable Advance, the Trustee shall make such an Appraisal shall not have been Advance within the time periods required and performed pursuant by Section 4.03(a) unless the Trustee, in good faith, makes a determination prior to the terms of this Agreementtimes specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable Advance. The Trustee in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable Advance shall be subject to the standards applicable to the Master Servicer hereunder. (d) In connection with the recovery by the Master Servicer or the Special ServicerTrustee of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to pay itself or the Trustee, as the case may be, mayout of any amounts then on deposit in the Certificate Account, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made to but not including the date of reimbursement such P&I Advance is outstanding (orinterest to be payable, in the case of Advance Interest payable subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property during the Collection Period in which such reimbursement is made and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received as of by the Master Servicer on or prior to the related date on which such P&I Advance was madeDate. (e) In no event shall the Master Servicer or the Trustee make a P&I Advance with respect to any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Commercial Mort Pass Thru Cert Ser 2002-C2)

P&I Advances. (a) On or before 1:00 1:30 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds (with respect to the 00 Xxxxxxx Xxxxxx Loan, to the extent of both principal and interest allocable to the 00 Xxxxxxx Xxxxxx Pooled Component and, with respect to the 00 Xxxxxxx Xxxxxx Non-Pooled Component, the amount of P&I Advances of interest only, and not principal, allocable to the 00 Xxxxxxx Xxxxxx Non-Pooled Component), an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution DateDate (other than in respect of the Park Place Mall Subordinate Companion Loan) and to the Class PP Distribution Account with respect to the amount of P&I Advances of interest only, (ii) apply amounts held in and not principal, required to be made with respect to the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) Park Place Mall Subordinate Companion Loan. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____-______ 715- 0036 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, after such notice, If the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then then, subject to Section 4.03(c), (i) unless the Trustee determines that or the Fiscal Agent shall, no later than 11:00 a.m., New York City time, on such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but the Fiscal Agent makes such P&I Advance on such date, then such failure shall constitute an Event of Default on the part of the Master ServicerTrustee shall be deemed to be cured. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or the Fiscal Agent in respect of any Distribution Date shall, subject to Section 4.03(c) and Section 4.03(f) below, equal the aggregate of all Periodic Payments (except that in the case of the 00 Xxxxxxx Xxxxxx Non-Pooled Component, only the interest portion of the Periodic Payment due on the 00 Xxxxxxx Xxxxxx Loan allocable to the 00 Xxxxxxx Xxxxxx Non-Pooled Component and in the case of the Park Place Mall Subordinate Companion Loan, only the interest portion of the Periodic Payment due on the Park Place Mall Subordinate Companion Loan) (other than Balloon Payments) and any Assumed Scheduled Payments, net of related Servicing Fees (and, in the case of the 00 Xxxxxxx Xxxxxx Loan, servicing fees due to the 2004-C10 Master Servicer to the extent not so otherwise paid pursuant to the 00 Xxxxxxx Xxxxxx Intercreditor Agreement ) due or deemed due, as the case may be, in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during (or deemed to be during) the related Collection Period and that were (i) in each case other than with respect to the 2004-C10 Serviced Mortgage Loan, to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the earlier of the close of business on the last day of related Collection Period and 3:00 p.m. New York City time on the P&I Advance Date or (ii) in the case of the 2004-C10 Serviced Mortgage Loan, to the extent such amount was required to be distributed or advanced by the 2004-C10 Master Servicer or the 2004-C10 Trustee pursuant to the 2004-C10 Pooling and Servicing Agreement and the 2004-C10 Master Servicer or the 2004-C10 Trustee failed to make such distribution or advance, the Master Servicer shall be required to make such P&I Advance only to the extent the Master Servicer has received all information necessary to determine whether such P&I Advance is a Nonrecoverable Advance; provided, that, (x) if the Periodic Payment on any Mortgage Loan has been reduced in connection with a bankruptcy or similar proceeding involving the related Collection PeriodMortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, or if the final maturity on any Mortgage Loan shall be extended in connection with a bankruptcy or similar proceeding involving the related Mortgagor or a modification, waiver or amendment granted or agreed to by the Special Servicer pursuant to Section 3.20, and the Periodic Payment due and owing during the extension period is less than the related Assumed Scheduled Payment, then the Master Servicer, the Trustee or the Fiscal Agent shall, as to such Mortgage Loan only, advance only the amount of the Periodic Payment (or in the case of the Park Place Mall Subordinate Companion Loan, only the interest portion of the Periodic Payment due on the Park Place Mall Subordinate Companion Loan and in the case of the 00 Xxxxxxx Xxxxxx Non-Pooled Component, only the interest portion of the Periodic Payment due on the 00 Xxxxxxx Xxxxxx Non-Pooled Component) due and owing after taking into account such reduction (net of related Servicing Fees) in the event of subsequent delinquencies thereon; provided that, and (y) if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal Mortgage Loan, then, with respect to the Distribution Date immediately following the date of such determination and with respect to each subsequent Distribution Date for so long as such Appraisal Reduction Amount exists with respect to such Required Appraisal Mortgage Loan, the Master Servicer, the Trustee or the Fiscal Agent will be required in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance to advance in respect of such Required Appraisal Mortgage Loan for only an amount equal to the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product sum of (iA) the amount of the interest portion of such the P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this provisoclause (y), multiplied by minus the product of (ii1) a fractionsuch Appraisal Reduction Amount and (2) the per annum Pass-Through Rate (i.e., expressed as a percentagefor any month, one-twelfth of the numerator Pass-Through Rate) applicable to the Class of Certificates to which such Appraisal Reduction Amount is allocated pursuant to Section 4.04(d) and (B) the amount of the principal portion of the P&I Advance that would otherwise be required without regard to this clause (y) (or, in the case of the Park Place Mall Subordinate Companion Loan and the 00 Xxxxxxx Xxxxxx Non-Pooled Component, an amount equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Dateclause (A) only, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Daterespectively. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it the Master Servicer has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed Fiscal Agent and the Depositor on or before the related P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to any other information, including Appraisals (the liquidation cost of which may be paid out of the related Mortgage Loan or REO PropertyCertificate Account pursuant to Section 3.05(a)) (or, if no such Appraisal has been performed pursuant to this Section 4.03(c), a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination), related Mortgagor operating statements and further accompanied by financial statements, budgets and rent rolls of the related Mortgaged Properties, engineers' reports, environmental surveys and any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund, that support such determination by the Master Servicer. On the fourth Business Day before each Distribution Date, the Special Servicer shall report to the Master Servicer the Special Servicer's determination as to whether each P&I Advance made with respect to any previous Distribution Date or required to be made with respect to such Distribution Date with respect to any Specially Serviced Mortgage Loan or REO Loan is a Nonrecoverable P&I Advance. The Master Servicer shall be entitled to conclusively rely on such determination. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability by the Master Servicer that may a P&I Advance, if made, would be a Nonrecoverable Advance (and with respect to a P&I Advance, the Trustee or Fiscal Agent, as applicable, shall rely on the Master Servicer's determination that the P&I Advance would be a Nonrecoverable Advance if the Trustee or Fiscal Agent determines that it does not have been made sufficient time to make such determination); provided, however, that, if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer or the Special Servicer with respect that such P&I Advance would be Nonrecoverable Advance, the Trustee -214- shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in good faith, makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a particular Nonrecoverable Advance; provided further, however, that if the Trustee fails to make such Advance for reasons other than a determination by the Trustee that such Advance would be a Nonrecoverable Advance, the Fiscal Agent shall make such Advance within the time periods required by Section 4.03(a) unless the Fiscal Agent in good faith, makes a determination that such P&I Advance would be a Nonrecoverable Advance. The Trustee in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, and if made, would be, a Nonrecoverable Advance shall be subject to the standards set forth in Section 8.01(a), including utilizing its good faith business judgment to make such determination. (d) In connection with the recovery by the Master Servicer or the Trustee or the Fiscal Agent of any P&I Advance out of the Certificate Account pursuant to Section 3.05(a), subject to the next sentence, the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)pay itself, the Master Servicer and Fiscal Agent or the Trustee shall each be entitled to receive Trustee, as the case may be, out of any amounts then on deposit in the Certificate Account, interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each such P&I Advance (to the extent made thereby (out of with its own funds) for so long as from the date made (provided, however, no such P&I Advance is outstanding (orinterest shall accrue during any grace or cure period under a Mortgage Loan) to but not including the date of reimbursement such interest to be payable, in the case of Advance Interest payable subject to the Master Servicer, if earlier, until the Late Collection terms of the delinquent principal and/or interest in Intercreditor Agreement with respect of which such P&I Advance was made has been received by to the Master Servicer or any of its Sub-Servicers)related Loan Pair, and such interest will be paid: first, first out of any Default Charges collected late payment charges and Penalty Interest received on or in respect of the related Mortgage Loan during, or REO Property and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of then from general collections on the Mortgage Loans and any REO Properties (other than the 00 Xxxxxxx Xxxxxx Non-Pooled Component or the Park Place Mall Subordinate Companion Loan unless the Advance is related to such loan) then on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself itself, the Fiscal Agent or the Trustee, as appropriateapplicable, for any outstanding P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in have been received by the Certificate AccountMaster Servicer, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding payment of principal and interest or Late Collection had been was received as by the Master Servicer on or prior to the related P&I Advance Date. (e) In no event shall the Master Servicer, the Trustee or the Fiscal Agent make a P&I Advance with respect to any Companion Loan (other than P&I Advances of interest only, on the Park Place Mall Subordinate Companion Loan). (f) Amounts in respect of the related date 00 Xxxxxxx Xxxxxx Non-Pooled Component are not available for distributions on which the Sequential Pay Certificates or Class PP Certificates, nor are they available for the reimbursement of advances on the Sequential Pay Certificates or the Class PP Certificates if such P&I Nonrecoverable Advance was madeunrelated to the 00 Xxxxxxx Xxxxxx Loan. If an Advance on the 00 Xxxxxxx Xxxxxx Non-Pooled Component becomes a Nonrecoverable Advance (including, among other considerations set forth herein, the Master Servicer, the 2004-C10 Master Servicer, the 2004-C10 Trustee, the Trustee, or the Fiscal Agent, as applicable, is unable to recover such amounts from amounts otherwise available for distribution on the Class MAD Certificates) the Master Servicer, the 2004-C10 Master Servicer, the 2004-C10 Trustee, the Trustee, or the Fiscal Agent, as applicable, may recover such Nonrecoverable Advance (including interest thereon) from the assets of the trust available for distribution on the Certificates (other than the Class PP Certificates) pursuant to the terms hereof. -215- Amounts in respect of the Park Place Mall Subordinate Companion Loan are not available for distributions on the Sequential Pay Certificates or the Class MAD Certificates, nor are they available for the reimbursement of Nonrecoverable Advances on the Sequential Pay Certificates or the Class MAD Certificates if such Nonrecoverable Advance was unrelated to the Park Place Mall Whole Loan. If an Advance on the Park Place Mall Subordinate Companion Loan becomes a Nonrecoverable Advance (including, among other considerations set forth herein, the Master Servicer, the 2004-C10 Master Servicer, the 2004-C10 Trustee, the Trustee, or the Fiscal Agent, as applicable, is unable to recover such amounts from amounts otherwise available for distribution on the Class PP Certificates), the Master Servicer (or Trustee or Fiscal Agent, if applicable) may recover such Nonrecoverable Advance (including interest thereon) from the assets of the trust available for distribution on the Certificates (other than the Class MAD Certificates) pursuant to the terms hereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 p.m.In the event the Servicer fails to make any P&I Advance required to be made by it under the Servicing Agreement and such failure is not remedied within the applicable cure period under the Servicing Agreement, New York City time, on each Master Servicer Remittance Date, then the Master Servicer shall either on behalf of the Trustee immediately terminate the Servicer, and the Master Servicer (in its capacity as successor Servicer) or another successor Servicer shall be required to make such P&I Advance on the Distribution Date with respect to which the Servicer was required to make such Advance, subject to the Master Servicer's (or other successor Servicer's) determination of recoverability. The Master Servicer (or other successor Servicer) shall not be required to make any P&I Advance to cover any Relief Act Shortfall on any Mortgage Loan. If the Master Servicer (or other successor Servicer) is required to make any P&I Advances, such advances may be made by it (i) deposit into the Distribution Account from its own funds an amount equal or (ii) from the Custodial Account or Master Servicer Collection Account, to the aggregate amount extent of P&I Advancesfunds held therein for future distribution (in which case, if any, it will cause to be made an appropriate entry in respect the records of the related Distribution DateCustodial Account or Master Servicer Collection Account, (ii) apply as applicable, that amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months have been, as permitted by this Section 4.03, used by the Master Servicer (or other successor Servicer) in discharge of any such obligation to make P&I Advances, Advance) or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees or other successor Servicer) with respect to the Mortgage Loans and Workout Fees payable therefrom) to make such P&I AdvancesREO Properties. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's (or other successor Servicer's) records and replaced by the Master Servicer (or other successor Servicer) by deposit in the Certificate Custodial Account or the Master Servicer Collection Account, as applicable, on or before the next succeeding Determination any future Servicer Remittance Date (to the extent not previously replaced through that the deposit of Late Collections of Available Distribution Amount for the delinquent principal and/or interest in respect of which such related Distribution Date (determined without regard to P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, ) shall be less than the Trustee does not receive total amount that would be distributed to the full amount Classes of such P&I Advances by the close of business (New York City time) Certificateholders pursuant to Section 4.01 on such Master Servicer Remittance Date, then (i) unless the Trustee determines that Distribution Date if such Advance would be a Nonrecoverable amounts held for future distributions had not been so used to make P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerAdvances. (b) The aggregate amount obligation of the Master Servicer (or other successor Servicer) to make such P&I Advances to be made in respect is mandatory, notwithstanding any other provision of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, this Agreement but subject to subsection (cSection 4.03(a) above and Section 4.03(c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Paymentsand, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal LoanMortgage Loan or REO Property, thenshall continue until a Final Recovery Determination in connection therewith or the removal thereof from REMIC I pursuant to any applicable provision of this Agreement, except as otherwise provided in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution DateSection. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder by the Master Servicer (or other successor Servicer) if such P&I Advance would, if made, constitute be deemed by the Master Servicer (or other successor Servicer) to be a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, (or other successor Servicer) that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Officers' Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer (or other successor Servicer, no less than 5 Business Days prior ) delivered to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceTrustee. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 Hyb1)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in into the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____213) ____345-______ 7240 (or such alternative number provided by the Master Servicer to the Trustee Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (____800) ___462-____ 0505 (or such alternative number provided by the Master Servicer to the Trustee Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee or the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, that if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; provided, further, that the Master Servicer shall not advance Excess Interest with respect to ARD Loans or a Prepayment Premium. In addition, the aggregate amount of P&I Advances to be made in respect of the Mortgage Loans shall include the Monthly Payment with respect to the Mortgage Loan with a Due Date on the 10th day of each calendar month, which Advance shall not accrue interest except to the extent such Monthly Payment is overdue and beyond any related grace period. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer Servicer, the Trustee or, if applicable, the Trustee, Fiscal Agent that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 five Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), to the Depositor Fiscal Agent (or, if applicable, retained thereby), the Depositor, the Rating Agencies and the Rating Agencies, Directing Certificateholder setting forth the basis for such determination, together with ( (such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve 12 months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee and the Fiscal Agent shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee and the Fiscal Agent shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer and the Trustee and the Fiscal Agent shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceAdvance in the case of Specially Serviced Loans. (d) As and [Reserved]. (e) With regard to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (orAdvances, in the case of Advance Interest payable to the Master Servicer, if earlierthe Special Servicer, until the Late Collection Trustee or the Fiscal Agent shall account for that part of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers)Advances that is attributable to Past Grace Period Loans, and such interest will be paid: first, out of any Default Charges collected on or in respect that part of the related Mortgage Loan during, and allocable to, the period, if any, P&I Advances that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and is attributable to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeWithin Grace Period Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Comm Mort Inc Pass Throu Certs Series 2004 2)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) deposit into the Distribution Account from below, satisfy its own funds an amount equal obligations to make any required P&I Advances with respect to the aggregate amount of P&I Advances, if any, to be made related Distribution Date in respect of the related Distribution DateMortgage Pool (other than the UBS Warburg Building Loan Pair), (ii) apply first, by transferring to the Trustee for deposit in the Collection Account amounts then held in the Certificate Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on Trustee for deposit in a Collection Account in an amount equal to the Certificate Account, the Master Servicer shall use remaining portion of such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such required P&I Advances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____704) ____593-______ 7735 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 or (704) 593-7821 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance P&I Advance Date. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (or the Trustee Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) P&I Advance Date. If the Trustee fails to make any such failure shall constitute an Event of Default P&I Advance on the part of related Distribution Date, but the Master ServicerFiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or the Fiscal Agent, as the case may be, pursuant to Section 4.03(a) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (cSection 4.03(c) below, equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees, Standby Servicing Fees and any related Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans in the Mortgage Pool (exclusive of the UBS Warburg Building Loan Pair) on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including received as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, that if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal such Mortgage Loan or REO Loan, then, in the event of subsequent delinquencies thereon, the interest portion amount of the each P&I Advance Advance, if any, required to be made in respect of such Required Mortgage Loan or REO Loan, as the case may be, during the period that such Appraisal Loan for the related Distribution Date Reduction Amount continues to exist, shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (ix) the amount of the interest portion of such subject P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this proviso, multiplied by (iiy) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Loan, as the case may be, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Loan, as the case may be. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder under this Section 4.03 if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance pursuant to this Section 4.03 or that any proposed P&I Advance, if mademade pursuant to this Section 4.03, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed Fiscal Agent and the Depositor on or before the related P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( any other information that supports such determination, including an appraisal (which appraisal shall have been conducted by an Independent Appraiser within the 12-month period preceding such determination is prior to in accordance with the liquidation standards of the Appraisal Institute taking into account the factors specified in Section 3.18), related Mortgage Loan or REO Property) a copy of an Appraisal Mortgagor operating statements and financial statements, budgets and rent rolls of the related Mortgaged Property Properties (to the extent available and/or in the Master Servicer's or REO Propertythe Special Servicer's possession), as the case may beengineers' reports, which shall have been performed within the twelve months preceding such determination, environmental surveys and further accompanied by any other information similar reports that the Master Servicer or may have obtained consistent with the Servicing Standard and at the expense of the Trust Fund, that support such determination by the Master Servicer. If, in connection with the foregoing, it is necessary for the Master Servicer to obtain an appraisal, the Master Servicer shall so notify the Special Servicer may have obtained and that supports consult with the Special Servicer regarding such determinationappraisal. The Trustee and the Fiscal Agent shall deliver such Officer's Certificate as soon as practicable after its be entitled to rely, conclusively, on any determination by the Master Servicer that a P&I Advance, if made, would be a Nonrecoverable P&I Advance; provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be nonrecoverable. If Nonrecoverable P&I Advance, the Trustee or Fiscal Agent shall make such an Appraisal shall not have been Advance within the time periods required and performed pursuant by Section 4.03(a) unless the Trustee or the Fiscal Agent, in good faith, makes a determination prior to the terms of this Agreementtimes specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable P&I Advance. The Trustee and the Fiscal Agent, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable P&I Advance shall be subject to the standards applicable to the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advancehereunder. (d) As and Subject to the extent permitted by Section 3.05(a)next sentence, the Master Servicer Servicer, the Trustee and the Trustee Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each P&I Advance made thereby under this Section 4.03 (out of with its own funds) for so long as such P&I Advance is outstanding (oroutstanding, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will to be paidpayable: first, (i) out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, Pool during the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loansame Collection Period in which such Advance is reimbursed; and second(ii) to the extent that such Default Charges are insufficient, but only if the related Advance is being reimbursed at any the same time coinciding with or following the reimbursement of such P&I Advancehas been previously reimbursed pursuant to this Agreement, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Pool Custodial Account. As and to the extent provided by The Master Servicer shall, in accordance with Section 3.05(a), reimburse itself, the Master Servicer shall reimburse itself Trustee or the TrusteeFiscal Agent, as appropriateapplicable, for any outstanding P&I Advance made thereby under this Section 4.03 as soon as practicable after funds available for such purpose are deposited in the Certificate Pool Custodial Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by the Master Servicer or a Sub-Servicer on its behalf as of the related date on which such P&I Advance was madeDate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, other than a Mortgage Loan included in a Loan Pair, either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Loan Pair, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Loan Pair Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on such Loan Pair, (ii) apply amounts held in the related Loan Pair Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Loan Pair Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to any Companion Noteholder under any Co-Lender Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Loan Pair is involved, the related Loan Pair Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in into the Certificate Account or if a Loan Pair is involved, the related Loan Pair Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer will not be required to make any P&I Advances with respect to the CBA B Note or the 17 State Street B Note. If, as of 1:00 4:00 p.m., New York City time, on any Master Servicer Xxxxxx Xxxxxxxx Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made (other than a P&I Advance with respect to a Companion Loan) on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____213) ____345-______ 7240 (or such alternative number provided by the Master Servicer to the Trustee Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (____800) ___462-____ 0505 (or such alternative number provided by the Master Servicer to the Trustee Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 3:00 4:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. The Trustee shall not be required to make an Advance on any Companion Loan. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; provided, further, that the Master Servicer shall not advance Excess Interest with respect to ARD Loans or a Prepayment Premium. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, with respect to the Mortgage Loans other than Mortgage Loans included in a Loan Pair, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. With respect to a Mortgage Loan included in a Loan Pair, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(f). The determination by the Master Servicer Servicer, the Special Servicer, or, if applicable, the Trustee, that it has made Trustee a Nonrecoverable P&I Advance has been made or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 five Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and Depositor, the Rating Agencies, setting forth the Directing Certificateholder, the CC Controlling Holder (if the CC Component Mortgage Loan is involved), the SS Controlling Holder (if the SS Component Mortgage Loan is involved), the UH Controlling Holder (if the UH Component Mortgage Loan is involved), the CBA B Noteholder (if the CBA A/B Loan is involved), and the 17 State Street B Noteholder (if the 17 State Street A/B Loan is involvxx), xxxxxxx xxxxh the basis for such determinationxxxxxxxxxxxxx, together with ( (such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve 12 months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer Servicer, the Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceAdvance in the case of Specially Serviced Loans. (d) As and to the extent permitted by Section 3.05(a)) or Section 3.05(f) with respect to a Loan Pair, the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), to the extent that such P&I Advance relates to a Past Grace Period Loan when made, or remains outstanding when such Loan becomes a Past Grace Period Loan, in which case such interest shall begin to accrue when such Loan becomes a Past Grace Period Loan, for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges collected on or as set forth in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO LoanSection 3.27; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account or if a Loan Pair is involved, out of general collections on deposit in the related Loan Pair Custodial Account. As and to the extent provided by Section 3.05(a)) or Section 3.05(f) with respect to a Loan Pair, the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in into the Certificate Account or, if a Loan Pair is involved are deposited into the related Loan Pair Custodial Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made. Interest accrued on any P&I Advance made under with respect to any A/B Loan under this Section shall be payable (unless required to be paid to any Companion Loan Noteholder under any Co-Lender Agreement): (i) first, out of Default Charges collected on or in respect of the related B Note during the same Collection Period in which such P&I Advance is reimbursed, (ii) second, out of Default Charges collected on or in respect of the related Mortgage Loan, as applicable, during the same Collection Period in which such P&I Advance is reimbursed, (iii) third, to the extent that the Default Charges described in the immediately preceding clauses (i) and (ii) are insufficient, but only if such P&I Advance is being reimbursed at the same time or if such P&I Advance has been previously reimbursed, out of any other collections that were made on or in respect of the related Mortgage Loan and (iv) solely with respect to the related Mortgage Loan to the extent that the Default Charges described in the immediately preceding clauses (i), (ii) and (iii) are insufficient, but only if such P&I Advance is being reimbursed at the same time or if such P&I Advance has been previously reimbursed, out of general collections on or in respect of the Mortgage Loans. (e) With regard to such P&I Advances, the Master Servicer, the Special Servicer or the Trustee shall account for that part of the P&I Advances that is attributable to Past Grace Period Loans, and that part of the P&I Advances that is attributable to Within Grace Period Loans.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mort. Pass Thr. Certs SER 2004-3)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees (but not the Special Servicer's Standby Fee), Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone to Xxxx X. Xxxxx at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 10:00 a.m. on the Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees (net of the Standby Fee) and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of Business Day before the related Collection PeriodMaster Servicer Remittance Date; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date; and provided, further, that the Master Servicer shall not be required to advance Excess Interest with respect to ARD Loans. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust out of general collections. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I AdvanceAdvance in the case of Specially Serviced Mortgage Loans. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) ), for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-ServicersServicer), and such . Such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan); and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of Amercia Com Mort Pas Thru Cer Series 2000-2)

P&I Advances. With Respect to the Mortgage Pool. (a) On or before 1:00 2:00 p.m., New York City time, on each Trust Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) deposit into the Distribution Account from below, satisfy its own funds an amount equal obligations to make any required P&I Advances with respect to the aggregate amount of P&I Advances, if any, to be made related Distribution Date in respect of the related Distribution DateMortgage Pool, (ii) apply first, by transferring to the Trustee for deposit in the Collection Account amounts then held in the Certificate Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on Trustee for deposit in the Certificate Account, Collection Account in an amount equal to the Master Servicer shall use remaining portion of such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such required P&I Advances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding applicable Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 4:00 p.m., New York City time, on any Trust Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and any required supporting documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Trust Master Servicer Remittance Date. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (10:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, (or the Trustee Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Trust Master Servicer Remittance Date and (ii) Date. If the Trustee fails to make any such failure shall constitute an Event of Default P&I Advance on the part of related Distribution Date, but the Master ServicerFiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder. No party hereto shall be required to make a P&I Advance with respect to any Non-Trust Mortgage Loan or any successor REO Mortgage Loan with respect thereto. (b) The aggregate amount of P&I Advances to be made by the Master Servicer, the Trustee or the Fiscal Agent, as the case may be, pursuant to this Section 4.03 in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (cSection 4.03(c) below, equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees (and, in the case of each Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, further net of any related similar fees payable hereunder, that were to third parties with respect to the subject Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto pursuant to the related Outside Servicing Agreement) due or deemed due, as the case may be, in respect thereof of the Trust Mortgage Loans (including Balloon Trust Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Trust Mortgage Loans in the Mortgage Pool on their respective Due Dates during the calendar month in which the subject Distribution Date occurs, in each case to the extent such amount was not Received by the Trust (including as net income from any related Collection Period and that were not paid by or on behalf REO Property or, in the case of the related Mortgagors ____________________ Trust Mortgage Loan or otherwise collected any successor REO Trust Mortgage Loan with respect thereto, in the form of an ____________________ P&I Advance) as of the close of business on the last day end of the related Collection Period; provided that, that-- (i) if it is determined by the applicable Outside Servicer and reported to the applicable parties hereunder that an Appraisal Reduction Amount exists with respect to any Required Outside Serviced Loan Combination, and a portion of such Appraisal LoanReduction Amount is allocable to the Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, thenas applicable, in the event that is part of subsequent delinquencies thereonsuch Outside Serviced Loan Combination, then the interest portion of each P&I Advance, if any, required to be made pursuant to this Section 4.03 with respect to such Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, as the P&I Advance in respect of case may be, during the period that such Required Appraisal Loan for the related Distribution Date Reduction Amount continues to exist, shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (iA) the amount of the interest portion of such the subject P&I Advance for that would otherwise be required to be made under this Section 4.03 with respect to such Required Appraisal Trust Mortgage Loan for such Distribution Date or any successor REO Trust Mortgage Loan with respect thereto, as the case may be, without regard to this proviso, multiplied by (iiB) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, as the case may be, reduced (to not less than zero) by the portion of any Appraisal Reduction Amount in respect of the subject Outside Serviced Loan immediately prior Combination that is allocable to such Distribution DateTrust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, net of as the related Appraisal Reduction Amount, if anycase may be, and the denominator of which is equal to the then Stated Principal Balance of such Required Appraisal Trust Mortgage Loan immediately prior to such Distribution Date.or any successor REO Trust Mortgage Loan with respect thereto, as the case may be; (cii) Notwithstanding anything herein if it is determined that an Appraisal Reduction Amount exists with respect to any Serviced Loan Combination and, further, that a portion of such Appraisal Reduction Amount is allocable to the contraryTrust Mortgage Loan or REO Trust Mortgage Loan, no as applicable, that is part of such Serviced Loan Combination, then the interest portion of each P&I Advance shall be Advance, if any, required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to this Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior 4.03 with respect to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Trust Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO PropertyTrust Mortgage Loan, as the case may be, which shall have been performed within during the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination period that such Appraisal Reduction Amount continues to exist, shall be reduced to equal the product of (A) the amount of the interest portion of the subject P&I Advance that would otherwise be nonrecoverable. If required to be made under this Section 4.03 with respect to such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer Trust Mortgage Loan or the Special ServicerREO Trust Mortgage Loan, as the case may be, maywithout regard to this proviso, multiplied by (B) a fraction, the numerator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, reduced (to not less than zero) by the portion of such Appraisal Reduction Amount with respect to the subject Serviced Loan Combination that is allocable to its reasonable such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, and good faith determination the denominator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be; and (iii) if it is determined that an Appraisal Reduction Amount exists with respect to any Trust Mortgage Loan or REO Trust Mortgage Loan that is not part of a Loan Combination, then the interest portion of each P&I Advance, if any, required to be made pursuant to this Section 4.03 with respect to such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, during the period that such Appraisal will demonstrate Reduction Amount continues to exist, shall be reduced to equal the nonrecoverability product of (A) the amount of the related Advanceinterest portion of the subject P&I Advance that would otherwise be required to be made under this Section 4.03 in respect of such Trust Mortgage Loan or REO Trust Mortgage Loan, obtain as the case may be, without regard to this proviso, multiplied by (B) a fraction, the numerator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, reduced (to not less than zero) by such Appraisal Reduction Amount, and the denominator of which is equal to the then Stated Principal Balance of such Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be; and provided, further, that the existence of an Appraisal for such purpose at Reduction Amount with respect to, or that is allocable to, any Trust Mortgage Loan or REO Trust Mortgage Loan shall not affect the expense principal portion of the Trustany required P&I Advance with respect thereto. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer Any reduction in a P&I Advance with respect to a particular P&I Advance, and the Master Servicer ______________ Trust Mortgage Loan or any successor REO Trust Mortgage Loan pursuant to this paragraph shall be entitled applied, to rely on any determination the fullest extent possible, in reduction of nonrecoverability that may have been the portion of such P&I Advance allocable to the ______________ Loan Component A-1b, before being applied in reduction of the portion of the P&I Advance allocable to the ______________ Loan Component A-1a. For purposes of determining the amount of P&I Advances to be made by the Special Servicer with respect to a particular P&I Advance.any Distribution Date, if an Appraisal Reduction Amount exists with respect to any Serviced Loan Combination or Split Trust Mortgage Loan, then such Appraisal Reduction Amount shall be allocated among the Mortgage Loans or REO Mortgage Loans, as applicable, in the subject Loan Combination and between the ______________ Loan Component A-1a and the ______________ Loan Component A-1b that comprise the ______________ Mortgage Loan or related REO Trust Mortgage Loan, as applicable, as follows: (di) As and with respect to the extent permitted by Section 3.05(a)______________ Loan Combination, any Appraisal Reduction Amount shall be allocated, first, to the Master Servicer and the Trustee shall each be entitled ______________ Loan Component A-1b (up to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of the outstanding principal balance of, and all accrued and unpaid interest (other than Default Interest) on, the ______________ Loan Component A-1b), and then, on a pro rata basis by balance, between the ______________ Loan Component A-1a and the ______________ Non-Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto); (ii) with respect to each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (orServiced A/B Loan Combination, any Appraisal Reduction Amount shall, in each case, be allocated, first, to the related Serviced Note B Non-Trust Mortgage Loan (up to the amount of the outstanding principal balance of, and all accrued and unpaid interest (other than Default Interest) on, such Serviced Note B Non-Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto)), and then, to the related Serviced Note A Trust Mortgage Loan (or any successor REO Mortgage Loan with respect thereto); and (iii) with respect to the ______________ Trust Mortgage Loan or any successor REO Trust Mortgage Loan, any Appraisal Reduction Amount shall be allocated, first, to the portion of that Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be, represented by the Class ___ Certificates (up to the amount of Advance Interest payable the outstanding principal balance of that portion), and then, to the remaining portion of that Trust Mortgage Loan or REO Trust Mortgage Loan, as the case may be. If the Master Servicer, if earlierthe Trustee or the Fiscal Agent makes a P&I Advance with respect to an Outside Serviced Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto, until then it shall promptly so notify the Late Collection related Outside Master Servicer of the delinquent principal and/or interest in respect of which each such P&I Advance was so made has been received by the Master Servicer or any of its Sub-Servicers), thereby and shall seek reimbursement for such P&I Advance (together with interest will be paid: first, thereon) out of any Default Charges collected on or in amounts otherwise payable with respect of to the related Mortgage Outside Serviced Loan during, and allocable to, the period, if any, Combination that it was a Specially includes such Outside Serviced Trust Mortgage Loan or an any successor REO Loan; Trust Mortgage Loan with respect thereto, to the maximum extent permitted by, and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available amounts specified for such purpose are deposited in the Certificate Accountunder, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was madeCo-Lender Agreement and/or the related Outside Servicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp Ii)

P&I Advances. (ai) On or before 1:00 p.m., p.m. (New York City time, ) on each the Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans that it is servicing either (i) remit to the Trustee for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in its Collection Account or the Certificate Account Loan Combination Collection Account, as applicable, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, ; provided that amounts in the Loan Combination Collection Account shall only be applied up to the related Mortgage Loan's pro rata share of the amounts held therein on such date or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, made by the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate Collection Account or the Loan Combination Collection Account, as applicable, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account or the Loan Combination Collection Account, as applicable, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfThe Master Servicer shall notify the Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of on or before the P&I Advance Determination Date. If the Master Servicer fails to make a required P&I Advance by 1:00 p.m., p.m. (New York City time, ) on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of make such failure P&I Advance pursuant to a Servicing Officer of the Master Servicer Section 7.06 by facsimile transmission sent to telecopy no. 12:00 noon (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time) on the related Distribution Date, on such in each case unless the Master Servicer Remittance Date. If, after shall have cured such notice, the Trustee does not receive the full amount failure (and provided written notice of such P&I Advances cure to the Trustee) by the close of business 11:00 a.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless Distribution Date or the Trustee determines that such Advance P&I Advance, if made, would be a Nonrecoverable P&I Advance if made, Advance. Neither the Master Servicer nor the Trustee shall be required to make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicerany [_________] B Loan. (ba) The Subject to Sections 4.07(c) and 4.07(e) below, the aggregate amount of P&I Advances to be made in by the Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalequal the aggregate of: (i) all Monthly Payments (in each case, subject net of related Servicing Fees) other than Balloon Payments, that were due during the related Collection Period and delinquent as of the close of business on the P&I Advance Determination Date (or not advanced by the Master Servicer or any Sub-Servicer on behalf of the Master Servicer) with respect to the Mortgage Loans that it is servicing and (ii) with respect to each Mortgage Loan that the Master Servicer is servicing and as to which the related Balloon Payment was due during or prior to the related Collection Period and was delinquent (including any applicable grace period) as of the end of the related Collection Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf obligation of the related Mortgagors or otherwise collected as of Master Servicer to make such P&I Advances, with respect to the close of business on the last day of the related Collection Period; provided thatMortgage Loans that it is servicing, if an Appraisal Reduction Amount exists is mandatory, and with respect to any Required Appraisal applicable Mortgage Loan or REO Loan, then, in shall continue until the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of on which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction AmountLiquidation Proceeds or REO Proceeds, if any, and the denominator of which is equal are to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Datebe distributed. (cb) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if the Master Servicer, the Special Servicer or the Trustee, as applicable, determines that such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, shall not make any P&I Advance to the Trustee, extent that it has made a Nonrecoverable received written notice that the Special Servicer has determined that such P&I Advance or that any proposed P&I Advancewould, if made, would constitute a Nonrecoverable P&I Advance. In making such recoverability determination, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior the Special Servicer and the Trustee, as applicable, will be entitled to (i) give due regard to the related existence of any Nonrecoverable Advance or Workout-Delayed Reimbursement Amount with respect to other Mortgage Loans, the recovery of which, at the time of such consideration, is being deferred or delayed by the Master Servicer Remittance Date) to or the Trustee (orTrustee, if as applicable, retained thereby)in light of the fact that proceeds on the related Mortgage Loan are a source of recovery not only for the P&I Advance under consideration, but also as a potential source of recovery of such Nonrecoverable Advance or Workout-Delayed Reimbursement Amount which is being or may be deferred or delayed and (ii) consider (among other things) only the Depositor and obligations of the Rating Agencies, setting forth Borrower under the basis for such determination, together with ( such determination is prior to the liquidation terms of the related Mortgage Loan (or REO Propertythe Loan Combination, as applicable) a copy as it may have been modified, to consider (among other things) the related Mortgaged Properties in their "as is" or then current conditions and occupancies, as modified by such party's assumptions (consistent with the applicable Servicing Standard in the -214- case of the Master Servicer and the Special Servicer) regarding the possibility and effects of future adverse change with respect to such Mortgaged Properties, to estimate and consider (consistent with the applicable Servicing Standard in the case of the Master Servicer and the Special Servicer) (among other things) future expenses and to estimate and consider (among other things) the timing of recoveries. The Master Servicer, the Special Servicer and the Trustee, as applicable, shall consider Unliquidated Advances in respect of prior P&I Advances for purposes of nonrecoverability determinations as if such Unliquidated Advances were unreimbursed P&I Advances. None of the Master Servicer or Trustee shaxx xxxx xxx X&X Advances with respect to delinquent amounts due on any [_________] B Loan. If an Appraisal of the related Mortgaged Property shall not have been obtained within the prior 12 month period (and the Master Servicer and the Trustee shall each request any such appraisal from the Special Servicer prior to ordering an Appraisal pursuant to this sentence) or REO Property, as the case may be, which if such an Appraisal shall have been performed within obtained but as a result of unforeseen occurrences, such Appraisal does not, in the twelve months preceding such determinationgood faith determination of the Master Servicer, the Special Servicer or the Trustee, reflect current market conditions, and further accompanied by any other information that the Master Servicer or the Trustee, as applicable, and the Special Servicer may have obtained and that supports cannot agree on the appropriate downward adjustment to such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this AgreementAppraisal, the Master Servicer, the Special Servicer or the Special ServicerTrustee, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund (and, in the case of the Loan Combination, first of the related B Loan Noteholder, if any, and second, to the extent such expense remains unpaid, of the Trust Fund). The Any such determination by the Master Servicer or the Trustee that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance shall be evidenced by a certificate of a Servicing Officer delivered to the Trustee, the other Servicer, the Special Servicer and the Depositor and, in the case of the Trustee, by a certificate of a Responsible Officer of the Trustee, delivered to the Depositor, the Master Servicer and the Special Servicer, which in each case sets forth such nonrecoverability determination and the considerations of the Master Servicer or the Trustee, as applicable, forming the basis of such determination (such certificate accompanied by, to the extent available, income and expense statements, rent rolls, occupancy status, property inspections and other information used by the Master Servicer or the Trustee, as applicable, to make such determination, together with any existing Appraisal or any Updated Appraisal); provided, however, that the Special Servicer may, at its option, make a determination in accordance with the Servicing Standard, that any P&I Advance previously made or proposed to be made is nonrecoverable and shall deliver to the Master Servicer and the Trustee notice of such determination. Any such determination shall be conclusive and binding on the Master Servicer, the Special Servicer and the Trustee. Any such Person may update or change its recoverability determinations at any time (but not reverse any other Person's determination that a P&I Advance is a Nonrecoverable Advance) and (consistent with the applicable Servicing Standard in the case of the Master Servicer or the Special Servicer) may obtain, at the expense of the Trust Fund (and, in the case of the Loan Combination, first of the related B Loan Noteholder, if any, and second, to the extent such expense remains unpaid, of the Trust Fund), any analysis, Appraisals or market value estimates or other information for such purposes. Absent bad faith, any such determination as to the recoverability of any P&I Advance shall be conclusive and binding on the Certificateholders. Notwithstanding the above, (i) the Trustee shall be entitled to rely conclusively on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to Servicer, as applicable, that a particular P&I Advance, if made, would be a Nonrecoverable P&I Advance and (ii) the Master Servicer will be entitled to rely conclusively on any nonrecoverability determination of the Special Servicer. The Trustee, in determining whether or not a P&I Advance previously made is, or a proposed P&I Advance, if made, would be, a Nonrecoverable P&I Advance shall be subject to the standards applicable to the Master Servicer hereunder. The Special Servicer shall promptly furnish the Master Servicer and the Trustee with any information in its possession regarding the Specially Serviced Loans and REO Properties as each such party may reasonably request for purposes of making recoverability determinations. (c) In connection with the recovery of any P&I Advance out of the Collection Account pursuant to Section 3.06(b) or the Loan Combination Collection Account pursuant to Section 3.06(c), the Master Servicer shall be entitled to rely on any determination pay itself or the Trustee, as the case may be (in reverse of nonrecoverability that may have been made by the Special Servicer such order with respect to a particular P&I Advance. any Mortgage Loan or REO Property), out of any amounts then on deposit in its Collection Account or the Loan Combination Collection Account (d) As and to the extent permitted by Section 3.05(aamounts therein relate to the Mortgage Loans, taking into account the related Co-Lender Agreement), the Master Servicer and the Trustee shall each be entitled to receive as applicable, interest at the Reimbursement Advance Rate in effect from time to time, accrued on the amount of each such P&I Advance from the date made thereby to but not including the date of reimbursement (out or if such P&I Advance was made prior to the end of its own funds) any grace period applicable to the subject delinquent Monthly Payment, for so long as such P&I Advance is outstanding (or, in following the case end of Advance Interest payable such grace period) with respect to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by Mortgage Loan that the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Accountis servicing. As and to the extent provided by Section 3.05(a), the The Master Servicer shall reimburse itself or the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby as soon as practicable practicably possible after funds available for such purpose are deposited in its Collection Account or the Certificate AccountLoan Combination Collection Account with respect to the Mortgage Loan that the Master Servicer is servicing. Notwithstanding the foregoing, (i) neither the Master Servicer nor the Trustee shall make an advance for Yield Maintenance Charges or Penalty Charges and in no event shall interest accrue in accordance with this Section 4.03(d(ii) on the amount of any P&I Advance with respect to a Mortgage Loan as to which there has been an Appraisal Reduction will be an amount equal to the corresponding Late Collection had been received product of (i) the amount required to be advanced without giving effect to this proviso and (ii) a fraction, the numerator of which is the Stated Principal Balance of such Mortgage Loan as of the immediately preceding Determination Date less any Appraisal Reduction Amount applicable to such Mortgage Loan and the denominator of which is the Stated Principal Balance of such Mortgage Loan as of such Determination Date. All P&I Advances for any Mortgage Loans that have been modified shall be calculated on the basis of their terms as modified. The portion of any Insurance Proceeds and Net Liquidation Proceeds in respect of a Mortgage Loan or any REO Loan allocable to principal shall equal the total amount of such proceeds minus (i) any portion thereof payable to the Master Servicer, the Special Servicer or the Trustee pursuant to this Agreement and (ii) a portion thereof equal to the interest component of the Monthly Payment(s), as accrued at the related Net Mortgage Rate from the date on as to which interest was last paid by the Borrower up to but not including the Due Date in the Collection Period in which such proceeds are received; provided, however, in the event that the interest -216- portion(s) of one or more P&I Advances with respect of such Mortgage Loan or REO Loan, as applicable, were reduced as a result of an Appraisal Reduction Event, the amount of the Net Liquidation Proceeds to be applied to interest shall be reduced by the aggregate amount of such reductions and the portion of such Net Liquidation Proceeds to be applied to principal shall be increased by such amount, and if the amount of the Net Liquidation Proceeds to be applied to principal has been applied to pay the principal of such Mortgage Loan or REO Loan in full, any remaining Net Liquidation Proceeds shall then be applied to pay any remaining accrued and unpaid interest of such Mortgage Loan or REO Loan. (d) The Master Servicer or the Trustee, as applicable, shall be entitled to the reimbursement of P&I Advances it makes to the extent permitted pursuant to Section 3.06 of this Agreement together with any related Advance was madeInterest Amount in respect of such P&I Advances to the extent permitted pursuant to Section 3.06 and the Master Servicer and the Special Servicer each hereby covenants and agrees to promptly seek and effect the reimbursement of such Advances from the related Borrowers to the extent permitted by applicable law and the related Mortgage Loan and this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)

P&I Advances. (a) On or before 1:00 2:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) deposit into the Distribution Account from below, satisfy its own funds an amount equal obligations to make any required P&I Advances with respect to the aggregate amount of P&I Advances, if any, to be made related Distribution Date in respect of the related Mortgage Pool (other than the Loan Group Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Distribution Date, (ii) apply Account amounts then held in the Certificate Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on Trustee for deposit in a Distribution Account in an amount equal to the Certificate Account, the Master Servicer shall use remaining portion of such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such required P&I Advances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 4:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-[______ _____] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. ([____) ___-____ ] or [__________] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If, If after such noticenotice by facsimile, the Trustee does not receive the full amount of such P&I Advances by the close of business (11:00 a.m., New York City time) , on such Master Servicer Remittance the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate amount of P&I Advances to be made by the Master Servicer or the Trustee, as the case may be, pursuant to the first paragraph of Section 4.03(a) in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equalshall, subject to subsection (cSection 4.03(c) below, equal the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly PaymentsPayments (except with respect to any Serviced Companion Loan), in each case net of related Master Servicing Fees and any related Workout Fees payable hereunderFees, that were due or deemed due, as the case may be, in respect thereof of the Mortgage Loans (including Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Mortgage Loans in the Mortgage Pool (exclusive of the Loan Group Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto) on their respective Due Dates during the related Collection Period and that were Period, in each case to the extent such amount was not paid by or on behalf of the related Mortgagors Mortgagor or otherwise collected (including as net income from REO Properties) as of the close of business on the last day of the related Collection PeriodDetermination Date; provided that, that if it is determined that an Appraisal Reduction Amount exists with respect to any Required Appraisal such Mortgage Loan or REO Mortgage Loan, then, in the event of subsequent delinquencies thereon, the interest portion amount of the each P&I Advance Advance, if any, required to be made in respect of such Required Mortgage Loan or REO Mortgage Loan, as the case may be, during the period that such Appraisal Loan for the related Distribution Date Reduction Amount continues to exist, shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (ix) the amount of the interest portion of such subject P&I Advance for such Required Appraisal Loan for such Distribution Date that would otherwise be required without regard to this proviso, multiplied by (iiy) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Mortgage Loan, as the case may be, net of the related such Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Mortgage Loan immediately prior to such Distribution Dateor REO Mortgage Loan, as the case may be. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder under this Section 4.03 if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on as determined by the Mortgage Pool on deposit in Master Servicer, the Certificate AccountSpecial Servicer or the Trustee. The determination by the Master Servicer or, if applicable, or the Trustee, Special Servicer that it a P&I Advance has made become a Nonrecoverable P&I Advance or that any proposed P&I Advance, if mademade pursuant to this Section 4.03, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (andto the Trustee, in any event, in the case of a proposed P&I Advance by Special Servicer and the Master Servicer, no less than 5 Business Days prior to Depositor on or before the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( any other information that supports such determination, including any appraisal (which appraisal shall have been conducted by an Independent Appraiser within the 12-month period preceding such determination is prior to in accordance with the liquidation standards of the Appraisal Institute taking into account the factors specified in Section 3.19), related Mortgage Loan or REO Property) a copy of an Appraisal Mortgagor operating statements and financial statements, budgets and rent rolls of the related Mortgaged Property Properties (to the extent available and/or in the Master Servicer's or REO PropertySpecial Servicer's possession, as the case may beapplicable), which shall have been performed within the twelve months preceding such determinationengineers' reports, environmental surveys and further accompanied by any other information similar reports that the Master Servicer or the Special Servicer may have obtained consistent with the Servicing Standard and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the TrustTrust Fund, that support such determination by the Master Servicer or Special Servicer. If, in connection with the foregoing, it is necessary for the Master Servicer to obtain an appraisal, the Master Servicer shall so notify the Special Servicer and consult with the Special Servicer regarding such appraisal. The cost of an appraisal shall be paid by the Trust as an Additional Trust Fund Expense. The Trustee shall be entitled to rely rely, conclusively, on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to that a particular P&I Advance, if made, would be a Nonrecoverable P&I Advance, and the Master Servicer and the Trustee shall be entitled to conclusively rely on any non-recoverability determination of nonrecoverability that may have been made by the Special Servicer with respect (but this statement shall not be construed to entitle the Special Servicer to reverse any other authorized Person's determination, or to prohibit any such other authorized Person from making a particular determination, that a P&I Advance constitutes or would constitute a Nonrecoverable Advance); provided, however, that if the Master Servicer has failed to make a P&I Advance for reasons other than a determination by the Master Servicer that such P&I Advance would be Nonrecoverable P&I Advance, the Trustee shall make such Advance within the time periods required by Section 4.03(a) unless the Trustee, in its good faith, reasonable discretion, makes a determination prior to the times specified in Section 4.03(a) that such P&I Advance would be a Nonrecoverable P&I Advance. In addition, the Master Servicer shall consider Workout-Delayed Reimbursement Amounts in respect of prior P&I Advances on the applicable Mortgage Loan that have not been repaid by the related Mortgagor for the purposes of nonrecoverability determinations as if such amounts were unreimbursed P&I Advances. (d) As and to the extent permitted by Section 3.05(a), the The Master Servicer and the Trustee shall each Txxxxxx xxxxx xxxh be entitled to receive interest at the Reimbursement Rate in effect from time to time, compounded annually, accrued on the amount of each P&I Advance made thereby under this Section 4.03 (out of with its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Serviceroutstanding; provided that, if earlier, until the Late Collection grace period for the delinquent Monthly Payment as to which a P&I Advance was made under this Section has not elapsed as of the delinquent principal and/or interest in respect of which time such P&I Advance was made has been received by made, then the Master Servicer or any total interest so accrued on such P&I Advance prior to the expiration of its Sub-Servicers)such grace period, and such interest will be paid: first, out shall not exceed the amount of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the periodCharges, if any, that it was a Specially Serviced Mortgage Loan or an REO Loancollected in connection with the late payment of such delinquent Monthly Payment; and secondprovided, at any time coinciding with or following the reimbursement of such P&I Advancefurther that, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest so accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been was received by the Master Servicer or a Sub-Servicer on its behalf as of the related date Master Servicer Remittance Date. Interest so accrued on which such any P&I Advance was made.made under this Section shall be payable in accordance with the terms of Section 3.05 and Section 3.05A.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp)

P&I Advances. (a) On or before 1:00 p.m., New York City time, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I P&T Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) 4.03(al (and shall not have delivered to the 164 Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____000) ____000-______ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____000) ___000-____ 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 10:00 a.m. on the Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the TrusteeTrustee or the Fiscal Agent, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly 165 (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor Depositor, the Certificate Insurer and the Rating Agencies, setting forth the basis for such determination, together with ( (such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee and the Fiscal Agent shall each deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee and the Fiscal Agent shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a)) , the Master Servicer Servicer, the Trustee and the Trustee Fiscal Agent shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges Interest collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself itself, the Trustee or the TrusteeFiscal Agent, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 1:00 4:00 p.m., New York City time, on each Master Servicer Remittance P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Paying Agent for deposit into the Lower-Tier Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the applicable Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). IfEach Master Servicer shall notify the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, as of 1:00 on or before 2 Business Days prior to such Distribution Date. If any Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any Master Servicer Remittance P&I Advance Date, the Master Servicer Trustee shall not have made any make such P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer 7.05 by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m.noon, New York City time, on the related Distribution Date, in each case unless such Master Servicer Remittance shall have cured such failure (and provided written notice of such cure to the Trustee and the Paying Agent) by 11:00 a.m. on such Distribution Date. If, after such noticeIn the event that any Master Servicer fails to make a required P&I Advance hereunder, the Paying Agent shall notify the Trustee does not receive the full amount of such P&I Advances circumstances by the close of business 4:30 p.m. (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable related P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master ServicerDate. (b) The aggregate Subject to Sections 4.03(c) and (e) below, the amount of P&I Advances to be made in by any Master Servicer with respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date and each Mortgage Loan that it is responsible for servicing hereunder shall equalbe equal to: (i) the Monthly Payments (net of related Servicing Fees) other than Balloon Payments, subject that were due during the related Due Period and delinquent as of the close of business on the Business Day preceding the related P&I Advance Date and (ii) with respect to each Mortgage Loan as to which the related Balloon Payment was due during or prior to the related Due Period and was delinquent as of the end of the related Due Period (including any REO Loan as to which the Balloon Payment would have been past due), an amount equal to the Assumed Scheduled Payment therefor. Subject to subsection (c) below, the aggregate obligation of all Monthly Payments (other than Balloon Payments) each Master Servicer to make such P&I Advances is mandatory, and with respect to any Assumed Monthly PaymentsMortgage Loan or REO Loan, shall continue until the Distribution Date on which the proceeds, if any, received in each case net connection with a Liquidation Event or the disposition of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed duethe REO Property, as the case may be, in with respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists thereto are to be distributed. No P&I Advances shall be made with respect to any Required Appraisal a Companion Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. . (d) In additionconnection with the recovery of any P&I Advance out of the applicable Certificate Account, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the applicable Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by pay the Special Servicer with respect to a particular P&I Advance. (d) As Trustee and to itself or the extent permitted by Section 3.05(a), the other Master Servicer and (if amounts in such other Master Servicer's Certificate Account are not sufficient for such reimbursement) (in that order of priority) as the Trustee shall each case may be entitled to receive out of any amounts then on deposit in such Certificate Account, interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance from the date made to but not including the date of reimbursement; provided, however, that no interest will accrue on any P&I Advance (i) made with respect to a Mortgage Loan until after the related Due Date has passed and any applicable grace period has expired or (ii) if the related Monthly Payment is outstanding (or, in received after the case of Advance Interest payable Determination Date but on or prior to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such related P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate AccountDate. As and to the extent provided by Section 3.05(a), the Each Master Servicer shall reimburse itself or the other Master Servicer (if amounts in such other Master Servicer's Certificate Account are not sufficient for such reimbursement) and the Trustee, as appropriatethe case may be, for any outstanding P&I Advance made thereby Advance, subject to Section 3.19 of this Agreement, as soon as practicable practicably possible after funds available for such purpose are deposited in the its Certificate Account. (e) Notwithstanding the foregoing, (i) neither the Master Servicers nor the Trustee shall make an advance for Excess Interest, Yield Maintenance Charges, Default Interest or Penalty Charges and (ii) if an Appraisal Reduction has been made with respect to any Mortgage Loan then in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Mortgage Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (x) the amount of the interest portion of such P&I Advance for such Mortgage Loan for such Distribution Date without regard to this subsection (ii), and in (y) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction, if any, and the denominator of which is equal to the Stated Principal Balance of such Mortgage Loan immediately prior to such Distribution Date. For purposes of the immediately preceding sentence, the Monthly Payment due on the Maturity Date for a Balloon Mortgage Loan will be the Assumed Scheduled Payment for the related Distribution Date. (f) In no event shall interest accrue in accordance with this Section 4.03(d) on any either the Master Servicers or the Trustee be required to make a P&I Advance as with respect to which the corresponding Late Collection had been received as any Companion Loan. (g) None of the related date on which such P&I Advance was madeMaster Servicers, the Paying Agent or the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-3FL Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Ldp7)

P&I Advances. (a) On or before 1:00 p.m., p.m. (New York City time) on each P&I Advance Date, on each Master Servicer Remittance Dateshall, the Master Servicer shall subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any made by such Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I AdvancesServicer. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the such Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). If, as of 1:00 p.m., 3:30 p.m. (New York City time, ) on any Master Servicer Remittance P&I Advance Date, the either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Trustee Certificate Administrator shall provide notice of such failure to a Servicing Officer of the such Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., 4:30 p.m. (New York City time, ) on such Master Servicer Remittance P&I Advance Date. If, If after such notice, notice the Trustee Certificate Administrator does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. (b) The aggregate amount of P&I Advances to be made in respect of the Mortgage Loans (including, without limitation, Balloon Mortgage Loans delinquent as to their respective Balloon Payments) and any REO Loans for any Distribution Date shall equal, subject to subsection (c) below, the aggregate of all Monthly Payments (other than Balloon Payments) and any Assumed Monthly Payments, in each case net of related Master Servicing Fees and Workout Fees payable hereunder, that were due or deemed due, as the case may be, in respect thereof on their respective Due Dates during the related Collection Period and that were not paid by or on behalf of the related Mortgagors or otherwise collected as of the close of business on the last day of the related Collection Period; provided that, if an Appraisal Reduction Amount exists with respect to any Required Appraisal Loan, then, in the event of subsequent delinquencies thereon, the interest portion of the P&I Advance in respect of such Required Appraisal Loan for the related Distribution Date shall be reduced (it being herein acknowledged that there shall be no reduction in the principal portion of such P&I Advance) to equal the product of (i) the amount of the interest portion of such P&I Advance for such Required Appraisal Loan for such Distribution Date without regard to this proviso, multiplied by (ii) a fraction, expressed as a percentage, the numerator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date, net of the related Appraisal Reduction Amount, if any, and the denominator of which is equal to the Stated Principal Balance of such Required Appraisal Loan immediately prior to such Distribution Date. (c) Notwithstanding anything herein to the contrary, no P&I Advance shall be required to be made hereunder if such P&I Advance would, if made, constitute a Nonrecoverable P&I Advance. In addition, Nonrecoverable P&I Advances shall be reimbursable pursuant to Section 3.05(a) out of general collections on the Mortgage Pool on deposit in the Certificate Account. The determination by the Master Servicer or, if applicable, the Trustee, that it has made a Nonrecoverable P&I Advance or that any proposed P&I Advance, if made, would constitute a Nonrecoverable P&I Advance, shall be evidenced by an Officer's Certificate delivered promptly (and, in any event, in the case of a proposed P&I Advance by the Master Servicer, no less than 5 Business Days prior to the related Master Servicer Remittance Date) to the Trustee (or, if applicable, retained thereby), the Depositor and the Rating Agencies, setting forth the basis for such determination, together with ( such determination is prior to the liquidation of the related Mortgage Loan or REO Property) a copy of an Appraisal of the related Mortgaged Property or REO Property, as the case may be, which shall have been performed within the twelve months preceding such determination, and further accompanied by any other information that the Master Servicer or the Special Servicer may have obtained and that supports such determination. The Trustee shall deliver such Officer's Certificate as soon as practicable after its determination that such P&I Advance would be nonrecoverable. If such an Appraisal shall not have been required and performed pursuant to the terms of this Agreement, the Master Servicer or the Special Servicer, as the case may be, may, subject to its reasonable and good faith determination that such Appraisal will demonstrate the nonrecoverability of the related Advance, obtain an Appraisal for such purpose at the expense of the Trust. The Trustee shall be entitled to rely on any determination of nonrecoverability that may have been made by the Master Servicer or the Special Servicer with respect to a particular P&I Advance, and the Master Servicer shall be entitled to rely on any determination of nonrecoverability that may have been made by the Special Servicer with respect to a particular P&I Advance. (d) As and to the extent permitted by Section 3.05(a), the Master Servicer and the Trustee shall each be entitled to receive interest at the Reimbursement Rate in effect from time to time, accrued on the amount of each P&I Advance made thereby (out of its own funds) for so long as such P&I Advance is outstanding (or, in the case of Advance Interest payable to the Master Servicer, if earlier, until the Late Collection of the delinquent principal and/or interest in respect of which such P&I Advance was made has been received by the Master Servicer or any of its Sub-Servicers), and such interest will be paid: first, out of any Default Charges collected on or in respect of the related Mortgage Loan during, and allocable to, the period, if any, that it was a Specially Serviced Mortgage Loan or an REO Loan; and second, at any time coinciding with or following the reimbursement of such P&I Advance, out of general collections on the Mortgage Loans and any REO Properties on deposit in the Certificate Account. As and to the extent provided by Section 3.05(a), the Master Servicer shall reimburse itself or the Trustee, as appropriate, for any P&I Advance made thereby as soon as practicable after funds available for such purpose are deposited in the Certificate Account, and in no event shall interest accrue in accordance with this Section 4.03(d) on any P&I Advance as to which the corresponding Late Collection had been received as of the related date on which such P&I Advance was made.Advances

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Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Sec Tr 2002-Pbw1)

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