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, A/B Mortgage Loan and Loan Pair, Primary Servicer has serviced each of the Mortgage 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 February 13, 2008, between the Primary Servicer, the Depositor and the Underwriters.

Appears in 1 contract

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

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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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13July 19, 20082007, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13July 19, 20082006, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13October 11, 20082007, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

Appears in 1 contract

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

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13April 6, 20082006, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

Appears in 1 contract

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

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13October 18, 20082006, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

Appears in 1 contract

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

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13January 19, 20082007, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13April 5, 20082007, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

Appears in 1 contract

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

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 13August [_], 20082006, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

Appears in 1 contract

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

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, Loan and A/B Mortgage Loan and Loan PairLoan, Primary Servicer has serviced each of the Mortgage Loans, Loans and 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 February 1315, 20082007, between the Primary Servicer, the Depositor and the UnderwritersUnderwriter.

Appears in 1 contract

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

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