Primary Servicer Clause Samples
The 'Primary Servicer' clause designates the party responsible for the day-to-day administration and management of a loan or portfolio of loans. This typically includes tasks such as collecting payments, maintaining records, handling borrower communications, and ensuring compliance with loan terms. By clearly assigning these responsibilities, the clause ensures efficient loan servicing and minimizes confusion or disputes over operational duties.
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Primary Servicer. Notwithstanding anything to the contrary contained herein or in any other Loan Document, in the event that Note A-1 and Note A-2 are held by different Persons, Borrower shall be required to deal with only one Person acting on behalf of all Persons comprising Lender (the “Primary Servicer”), with respect to any consents, approvals or notices required or permitted from, or to, Lender pursuant to the Loan Documents (it being understood that the Primary Servicer may need to consult with other Persons that hold a portion of Lender’s rights and obligations under the Loan or with the Rating Agencies in connection with any such consent, approval or notice and that a so-called “special servicer” may act as such Primary Servicer). Lender may replace such Primary Servicer with another Primary Servicer at any time in Lender’s sole discretion. As of the date hereof, Wachovia Bank, National Association is hereby designated as the Primary Servicer and unless and until Borrower is notified by Wachovia Bank, National Association of a new Primary Servicer, Borrower shall be permitted to rely conclusively and irrevocably on such designation.
Primary Servicer. DEFAULT Each of the following events shall constitute a "Primary Servicer Default" hereunder:
(a) any failure by the Primary Servicer to remit to the Master Servicer when due any amount required to be remitted under this Agreement; or
(b) except in the case of Section 6.1(c), any failure by the Primary Servicer duly to observe or perform in any material respect any of the covenants or agreements on the part of the Primary Servicer contained in this Agreement, which failure continues unremedied for a period of twenty-five (25) days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given by the Master Servicer to Primary Servicer; provided, however, that to the extent the Master Servicer determines in its reasonable discretion that the Primary Servicer is in good faith attempting to remedy such failure and the Certificateholders and holders of any B Note shall not be materially and adversely affected thereby, such cure period may be extended to the extent necessary to permit the Primary Servicer to cure such failure; provided, however, that such cure period may not exceed sixty (60) days; and provided, further, that if such failure to observe or perform on the part of the Primary Servicer would result in an Event of Default (or an event that with notice or the passage of time would constitute such an Event of Default) by the Master Servicer under the Pooling and Servicing Agreement or applicable A/B Intercreditor Agreement, then the cure periods described in this Section 6.1(b) shall not apply; or
(c) any breach of the representations and warranties made pursuant to Section 2.4(b) hereof or any failure by the Primary Servicer to comply with one or more provisions of Section 5.13 or clause (d) of Article VII; provided, however, that all of the following provisions shall apply:
(A) to the extent the Master Servicer determines, in its reasonable discretion, following consultation with the Applicable Depositor, that the Primary Servicer is in good faith attempting to remedy such failure and no Certification Party will be materially and adversely affected by giving the Primary Servicer an opportunity to cure such failure, the Master Servicer may, following consultation with the Applicable Depositor, give the Primary Servicer such opportunity;
(B) the period of time to cure such failure may not exceed three (3) days;
(C) no such cure period shall apply if such failure to perform on the part of the Primary Se...