PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. The Primary Servicer hereby makes for the benefit of the Master Servicer the same representations and warranties as are made by the Master Servicer under Section 2.06 of the Pooling and Servicing Agreement; provided, however, that (i) references therein to the Master Servicer shall be deemed references to the Primary Servicer and references to the Trustee shall be deemed references to the Master Servicer and (ii) in lieu of the representation described in the first clause of Section 2.06(a)(i) of the Pooling and Servicing Agreement, the Primary Servicer represents that the Primary Servicer is duly organized, validly existing and in good standing as a corporation under the laws of the jurisdiction of its organization. Primary Servicer further represents that since origination of each Mortgage Loan and A/B Mortgage Loan, Primary Servicer has serviced each of the Mortgage Loans and A/B Mortgage Loans in accordance with its terms.
Appears in 7 contracts
Samples: Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr16), Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18), Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Pwr13)
PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. The Primary Servicer hereby makes for the benefit of the Master Servicer the same representations and warranties as are made by the Master Servicer under Section 2.06 8.20 of the Pooling and Servicing Agreement; provided, however, that (ia) references therein to the Master Servicer shall be deemed references to the Primary Servicer and references to the Trustee shall be deemed references to the Master Servicer and (iib) in lieu of the representation described in the first clause of Section 2.06(a)(i8.20(a)(i) of the Pooling and Servicing Agreement, the Primary Servicer represents that the Primary Servicer is duly organized, validly existing and in good standing as a corporation under the laws of the jurisdiction of its organization. Primary Servicer further represents that since origination of each Mortgage Loan and A/B Mortgage Loan, Primary Servicer has serviced each of the Mortgage Loans and A/B Mortgage Loans in accordance with its terms.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2004-Top16), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq7), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2004-Top16)
PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. (a) The Primary Servicer hereby makes for the benefit of the Master Servicer the same representations and warranties as are made by the Master Servicer under Section 2.06 8.20 of the Pooling and Servicing Agreement; provided, however, that (i) references therein to the Master Servicer shall be deemed references to the Primary Servicer and references to the Trustee shall be deemed references to the Master Servicer and (ii) in lieu of the representation described in the first clause of Section 2.06(a)(i8.20(a)(i) of the Pooling and Servicing Agreement, the Primary Servicer represents that the Primary Servicer is duly organized, validly existing and in good standing as a corporation under the laws of the jurisdiction of its organization. .
(b) The Primary Servicer further represents that since origination hereby makes for the benefit of each Mortgage Loan the Master Servicer the same representations and A/B Mortgage Loan, warranties as are made by the Primary Servicer has serviced each to the Depositor under Section 13.2(a) of the Mortgage Loans Pooling and A/B Mortgage Loans in accordance with its termsServicing Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Hq10), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Top24)
PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. The Primary Servicer hereby makes for the benefit of the Capmark Master Servicer the same representations and warranties as are made by the Capmark Master Servicer under Section 2.06 8.20 of the Pooling and Servicing Agreement; provided, however, that (i) references therein to the Capmark Master Servicer shall be deemed references to the Primary Servicer and references to the Trustee shall be deemed references to the Capmark Master Servicer and (ii) in lieu of the representation described in the first clause of Section 2.06(a)(i8.20(a)(i) of the Pooling and Servicing Agreement, the Primary Servicer represents that the Primary Servicer is duly organized, validly existing and in good standing as a corporation under the laws of the jurisdiction of its organization. Primary Servicer further represents that since origination of each Mortgage Loan and A/B Mortgage Loan, Primary Servicer has serviced each of the Mortgage Loans Capmark Master Servicer and A/B Mortgage Loans in accordance with its terms.
Appears in 2 contracts
Samples: Principal Primary Servicing Agreement (Morgan Stanley Capital I Trust 2007-Iq16), Principal Primary Servicing Agreement (Morgan Stanley Capital I Trust 2007-Iq15)
PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. (a) The Primary Servicer hereby makes for the benefit of the Master Servicer the same representations and warranties as are made by the Master Servicer under Section 2.06 8.20 of the Pooling and Servicing Agreement; provided, however, that (i) references therein to the Master Servicer shall be deemed references to the Primary Servicer and references to the Trustee shall be deemed references to the Master Servicer and (ii) in lieu of the representation described in the first clause of Section 2.06(a)(i8.20(a)(i) of the Pooling and Servicing Agreement, the Primary Servicer represents that the Primary Servicer is duly organized, validly existing and in good standing as a corporation under the laws of the jurisdiction of its organization. Primary Servicer further represents that since origination of each Mortgage Loan and A/B Mortgage Loan, Primary Servicer has serviced each of the Mortgage Loans and A/B Mortgage Loans in accordance with its terms.
(b) The Primary Servicer hereby makes for the benefit of the Master Servicer the same representations and warranties as are made by the Primary Servicer to the Depositor under Section 13.2(a) of the Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top21), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top21)
PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. The Primary Servicer hereby makes for the benefit of the Master Servicer the same representations and warranties as are made by the Master Servicer under Section 2.06 8.20 of the Pooling and Servicing Agreement; provided, however, that (i) references therein to the Master Servicer shall be deemed references to the Primary Servicer and references to the Trustee shall be deemed references to the Master Servicer and (ii) in lieu of the representation described in the first clause of Section 2.06(a)(i8.20(a)(i) of the Pooling and Servicing Agreement, the Primary Servicer represents that the Primary Servicer is duly organized, validly existing and in good standing as a corporation under the laws of the jurisdiction of its organization. Primary Servicer further represents that since origination of each Mortgage Loan and A/B Mortgage Loan, Primary Servicer has serviced each of the Mortgage Loans and A/B Mortgage Loans in accordance with its terms.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top23), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Top25)