Common use of Primary Servicer Compensation Clause in Contracts

Primary Servicer Compensation. ‌ (a) Unless otherwise provided in the related Servicing Contract, each Primary Servicer will be entitled to a Servicing Fee for its direct servicing activities with respect to the Trusts that include Mortgage Loans serviced by it. If and to the extent provided in the related Servicing Contract, the Primary Servicer, in payment for its services to the Trust, will be permitted to retain its Servicing Fee prior to depositing the remaining portion of principal and interest collections to the Custodial Account. (b) Subject to the related Servicing Contract, all or any portion of any Excess Spread with respect to certain Mortgage Loans serviced by a Primary Servicer may be paid to that Primary Servicer as additional compensation while that Primary Servicer is servicing those Mortgage Loans under its Servicing Contract. Subject to the related Servicing Contract, the Primary Servicer may retain such Excess Spread at the same time and in the same manner as the Servicing Fee. To the extent permitted in the Servicing Contract, the Primary Servicer may transfer all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer to the Issuer for deposit to an Other Xxxxxx Xxx Trust or pursuant to Subsection 5.1(7). The transfer of any portion of Excess Spread that has become Securitized Excess Spread is irrevocable. Neither the Primary Servicer nor any successor Primary Servicer will have any right to any Securitized Excess Spread as a result of its servicing relationship, and the Other Xxxxxx Xxx Trust through which the Securitized Excess Spread is securitized will continue to receive the Securitized Excess Spread in accordance with the terms of the transfer. (c) Unless otherwise provided in the related Issue Supplement, any additional compensation for performance of servicing functions, including assumption fees, late payment charges, partial release fees, asset management fees, collateral substitution fees, any portion of the Prepayment Premium permitted to be retained under the Servicing Contract and other administrative fees or expenses permitted under the Mortgage Documents, will be retained by the Primary Servicer or the Master Servicer as provided in the related Servicing Contract.

Appears in 2 contracts

Samples: Amended and Restated 2021 Multifamily Master Trust Agreement, Multifamily Master Trust Agreement

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Primary Servicer Compensation. ‌ (a) Unless otherwise provided in the related Servicing Contract, each Primary Servicer will be entitled to a Servicing Fee for its direct servicing activities with respect to the Trusts that include Mortgage Loans serviced by it. If and to the extent provided in the related Servicing Contract, the Primary Servicer, in payment for its services to the Trust, will be permitted to retain its Servicing Fee prior to depositing the remaining portion of principal and interest collections to the Custodial Account. (b) Subject to the related Servicing Contract, all or any portion of any Excess Spread with respect to certain Mortgage Loans serviced by a Primary Servicer may be paid to that Primary Servicer as additional compensation while that Primary Servicer is servicing those Mortgage Loans under its Servicing Contract. Subject to the related Servicing Contract, the Primary Servicer may retain such Excess Spread at the same time and in the same manner as the Servicing Fee. To the extent permitted in the Servicing Contract, the Primary Servicer may transfer all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer to the Issuer for deposit to an Other Xxxxxx Xxx Mae Trust or pursuant to Subsection 5.1(7). The transfer of any portion of Excess Spread that has become Securitized Excess Spread is irrevocable. Neither the Primary Servicer nor any successor Primary Servicer will have any right to any Securitized Excess Spread as a result of its servicing relationship, and the Other Xxxxxx Xxx Trust through which the Securitized Excess Spread is securitized will continue to receive the Securitized Excess Spread in accordance with the terms of the transfer. (c) Unless otherwise provided in the related Issue Supplement, any additional compensation for performance of servicing functions, including assumption fees, late payment charges, partial release fees, asset management fees, collateral substitution fees, any portion of the Prepayment Premium permitted to be retained under the Servicing Contract and other administrative fees or expenses permitted under the Mortgage Documents, will be retained by the Primary Servicer or the Master Servicer as provided in the related Servicing Contract.

Appears in 1 contract

Samples: 2021 Multifamily Master Trust Agreement

Primary Servicer Compensation. ‌ (a) Unless otherwise provided in the related Servicing Contract, each Primary Servicer will be entitled to a Servicing Fee for For its direct servicing activities with respect to the Trusts that include Mortgage Loans serviced by it, each Primary Servicer will be entitled to a Servicing Fee. If and to the extent provided in the related Servicing Contract, the Primary Servicer, in payment for its services to the Trust, will be permitted to retain its Servicing Fee prior to depositing the remaining portion of principal and interest collections to the Custodial Account. The Master Servicer will not, unless it is also an interim servicer or Primary Servicer, retain a Servicing Fee. (b) Subject to the related Servicing Contract, all or any portion of any Excess Spread with respect to certain Mortgage Loans serviced by a Primary Servicer may be paid to that Primary Servicer as additional compensation while that Primary Servicer is servicing those Mortgage Loans under its Servicing Contract. Subject to the related Servicing Contract, the Primary Servicer may retain such Excess Spread (together with any Designated Excess Spread prior to the effective date of any termination of the Primary Servicer that made the Designated Excess Spread designation) at the same time and in the same manner as the Servicing Fee. To the extent permitted in the Servicing Contract, the Primary Servicer may (i) transfer all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer to the Issuer for deposit to an Other Xxxxxx Xxx Trust or pursuant to Subsection 5.1(7)) or (ii) designate all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer as Designated Excess Spread. The transfer of any portion of Excess Spread that has become Securitized Excess Spread is irrevocable; and the designation of any portion of Excess Spread as Designated Excess Spread is also irrevocable, except that Designated Excess Spread may subsequently be transferred to an Other Xxxxxx Mae Trust and by such transfer become Securitized Excess Spread. Neither the Primary Servicer nor any successor Primary Servicer will have any right to any Securitized Excess Spread as a result of its servicing relationship, relationship and the Other Xxxxxx Xxx Trust through which the Securitized Excess Spread is securitized will continue to receive the Securitized Excess Spread in accordance with the terms of the transfer. (c) Unless otherwise provided in the related Issue Supplement, any additional compensation for performance of servicing functions, including assumption fees, late payment charges, partial release fees, asset management fees, collateral substitution fees, any portion of the Prepayment Premium permitted to be retained under the Servicing Contract and other administrative fees or expenses permitted under the Mortgage Documents, will be retained by the Primary Servicer or the Master Servicer as provided in the related Servicing Contract.

Appears in 1 contract

Samples: 2009 Multifamily Master Trust Agreement

Primary Servicer Compensation. (a) Unless otherwise provided in the related Servicing Contract, each Primary Servicer will be entitled to a Servicing Fee for its direct servicing activities with respect to the Trusts that include Mortgage Loans serviced by it. If and to the extent provided in the related Servicing Contract, the Primary Servicer, in payment for its services to the Trust, will be permitted to retain its Servicing Fee prior to depositing the remaining portion of principal and interest collections to the Custodial Account. (b) Subject to the related Servicing Contract, all or any portion of any Excess Spread with respect to certain Mortgage Loans serviced by a Primary Servicer may be paid to that Primary Servicer as additional compensation while that Primary Servicer is servicing those Mortgage Loans under its Servicing Contract. Subject to the related Servicing Contract, the Primary Servicer may retain such Excess Spread at the same time and in the same manner as the Servicing Fee. To the extent permitted in the Servicing Contract, the Primary Servicer may transfer all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer to the Issuer for deposit to an Other Xxxxxx Xxx Mae Trust or pursuant to Subsection 5.1(7). The transfer of any portion of Excess Spread that has become Securitized Excess Spread is irrevocable. Neither the Primary Servicer nor any successor Primary Servicer will have any right to any Securitized Excess Spread as a result of its servicing relationship, and the Other Xxxxxx Xxx Trust through which the Securitized Excess Spread is securitized will continue to receive the Securitized Excess Spread in accordance with the terms of the transfer. (c) Unless otherwise provided in the related Issue Supplement, any additional compensation for performance of servicing functions, including assumption fees, late payment charges, partial release fees, asset management fees, collateral substitution fees, any portion of the Prepayment Premium permitted to be retained under the Servicing Contract and other administrative fees or expenses permitted under the Mortgage Documents, will be retained by the Primary Servicer or the Master Servicer as provided in the related Servicing Contract.

Appears in 1 contract

Samples: 2010 Multifamily Master Trust Agreement

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Primary Servicer Compensation. ‌ (a) Unless otherwise provided in the related Servicing Contract, each Primary Servicer will be entitled to a Servicing Fee for For its direct servicing activities with respect to the Trusts that include Mortgage Loans serviced by it, each Primary Servicer will be entitled to a Servicing Fee. If and to the extent provided in the related Servicing Contract, the Primary Servicer, in payment for its services to the Trust, will be permitted to retain its Servicing Fee prior to depositing the remaining portion of principal and interest collections to the Custodial Account. The Master Servicer will not, unless it is also an interim servicer or Primary Servicer, retain a Servicing Fee. (b) Subject to the related Servicing Contract, all or any portion of any Excess Spread with respect to certain Mortgage Loans serviced by a Primary Servicer may be paid to that Primary Servicer as additional compensation while that Primary Servicer is servicing those Mortgage Loans under its Servicing Contract. Subject to the related Servicing Contract, the Primary Servicer may retain such Excess Spread, together with any Designated Excess Spread prior to the effective date of any termination of the Primary Servicer that made the Designated Excess Spread designation, at the same time and in the same manner as the Servicing Fee. To the extent permitted in the Servicing Contract, the Primary Servicer may (i) transfer all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer to the Issuer for deposit to an Other Xxxxxx Xxx Trust or pursuant to Subsection 5.1(7)) or (ii) designate all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer as Designated Excess Spread. The transfer of any portion of Excess Spread that has become Securitized Excess Spread is irrevocable; and the designation of any portion of Excess Spread as Designated Excess Spread is also irrevocable, except that Designated Excess Spread may subsequently be transferred to an Other Xxxxxx Mae Trust and by such transfer become Securitized Excess Spread. Neither the Primary Servicer nor any successor Primary Servicer will have any right to any Securitized Excess Spread as a result of its servicing relationship, relationship and the Other Xxxxxx Xxx Trust through which the Securitized Excess Spread is securitized will continue to receive the Securitized Excess Spread in accordance with the terms of the transfer. (c) Unless otherwise provided in the related Issue Supplement, any additional compensation for performance of servicing functions, including assumption fees, late payment charges, partial release fees, asset management fees, collateral substitution fees, any portion of the Prepayment Premium permitted to be retained under the Servicing Contract and other administrative fees or expenses permitted under the Mortgage Documents, will be retained by the Primary Servicer or the Master Servicer as provided in the related Servicing Contract.

Appears in 1 contract

Samples: 2007 Multifamily Master Trust Agreement

Primary Servicer Compensation. ‌ (a) Unless otherwise provided in the related Servicing Contract, each Primary Servicer will be entitled to a Servicing Fee for its direct servicing activities with respect to the Trusts that include Mortgage Loans serviced by it. If and to the extent provided in the related Servicing Contract, the Primary Servicer, in payment for its services to the Trust, will be permitted to retain its Servicing Fee prior to depositing the remaining portion of principal and interest collections to the Custodial Account. (b) Subject to the related Servicing Contract, all or any portion of any Excess Spread with respect to certain Mortgage Loans serviced by a Primary Servicer may be paid to that Primary Servicer as additional compensation while that Primary Servicer is servicing those Mortgage Loans under its Servicing Contract. Subject to the related Servicing Contract, the Primary Servicer may retain such Excess Spread at the same time and in the same manner as the Servicing Fee. To the extent permitted in the Servicing Contract, the Primary Servicer may transfer all or any portion of the Excess Spread with respect to the Mortgage Loans serviced by that Primary Servicer to the Issuer for deposit to an Other Xxxxxx Xxx Trust or pursuant to Subsection 5.1(7). The transfer of any portion of Excess Spread that has become Securitized Excess Spread is irrevocable. Neither the Primary Servicer nor any successor Primary Servicer will have any right to any Securitized Excess Spread as a result of its servicing relationship, and the Other Xxxxxx Xxx Mae Trust through which the Securitized Excess Spread is securitized will continue to receive the Securitized Excess Spread in accordance with the terms of the transfer. (c) Unless otherwise provided in the related Issue Supplement, any additional compensation for performance of servicing functions, including assumption fees, late payment charges, partial release fees, asset management fees, collateral substitution fees, any portion of the Prepayment Premium permitted to be retained under the Servicing Contract and other administrative fees or expenses permitted under the Mortgage Documents, will be retained by the Primary Servicer or the Master Servicer as provided in the related Servicing Contract.

Appears in 1 contract

Samples: 2017 Multifamily Master Trust Agreement

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