Common use of PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES Clause in Contracts

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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January 19, 2007, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Primary Servicing Agreement (Morgan Stanley Capital I Trust 2007-Top25)

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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 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 8.20(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 Loan, A/B Mortgage LoanLoan and Loan Pair, Primary Servicer has serviced each of the Mortgage Loans and Loans, A/B Mortgage Loans and Loan Pairs 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 1.02 of that certain Indemnification Agreement, dated January 19February 13, 20072008, between the Primary Servicer, the Depositor and the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Primary Servicing Agreement (Morgan Stanley Capital I Trust 2008-Top29)

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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January 19April 6, 20072006, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage SecuritiesTrust 2006-Top22)

PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. (a) (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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January 19February 15, 2007, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Primary Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq11)

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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January July 19, 20072006, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top23)

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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January 19October 11, 2007, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Top28)

PRIMARY SERVICER REPRESENTATIONS AND WARRANTIES. (a) (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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January 19August [_], 20072006, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006 - HQ9)

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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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January July 19, 2007, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Primary Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)

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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January 19April 5, 2007, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Top26)

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 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 8.20(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 1.02 of that certain Indemnification Agreement, dated January 19October 18, 20072006, between the Primary Servicer, the Depositor and the Underwriter.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Top24)

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