Property Advances. (a) Except with respect to an Outside Serviced Mortgage Loan, the Master Servicer (or, to the extent provided in Section 3.20(b) of this Agreement, the Trustee) shall make any Property Advances as and to the extent incidental to the performance of its duties under this Agreement or otherwise required pursuant to the terms hereof; provided that no Property Advances shall be made with regard to a Subordinate Companion Loan if the related Mortgage Loan is no longer held by the Trust. The Special Servicer shall give the Master Servicer, the Trustee and any affected Serviced Companion Loan Holder not less than five (or, in the case of Emergency Advances pursuant to Section 3.20(e) of this Agreement, two) Business Days’ written notice before the date on which the Master Servicer is requested to make any Property Advance with respect to a given Specially Serviced Loan or REO Property (other than an REO Property related to an Outside Serviced Mortgage Loan). In addition, the Special Servicer shall provide the Master Servicer, the Trustee and any affected Serviced Companion Loan Holder with such information in its possession as the Master Servicer, the Trustee or such Serviced Companion Loan Holder, as applicable, may reasonably request to enable the Master Servicer or the Trustee, as applicable, to determine whether a requested Property Advance would constitute a Nonrecoverable Advance. Any such notice by the Special Servicer to the Master Servicer of a required Property Advance shall be deemed to be a determination by the Special Servicer that such requested Property Advance is not a Nonrecoverable Advance, and the Master Servicer shall be entitled to conclusively rely on such determination. In the absence of a determination by the Special Servicer that a Property Advance is a Nonrecoverable Advance, all determinations of recoverability with respect to Property Advances to be made (or contemplated to be made) by the Master Servicer or the Trustee will remain with the Master Servicer or the Trustee, as applicable. On the fourth Business Day before each Distribution Date, the Special Servicer shall report to the Master Servicer the Special Servicer’s determination as to whether any Property Advance previously made with respect to a Specially Serviced Loan is a Nonrecoverable Advance promptly after making such determination. The Master Servicer and the Trustee shall be entitled to conclusively rely on and shall be bound by such a determination and shall be bound by ...
Property Advances. (a) The Servicer (or, to the extent provided in Section 3.22(b), the Trustee or the Fiscal Agent) shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof. For purpose of calculating distributions to the Certificateholders, Property Advances shall not be considered to increase the principal balance of any Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so provide.
Property Advances. Section 3.25
Property Advances. (a) The Master Servicer (or, to the extent provided in Section 3.24(c), the Trustee) to the extent specifically provided for in this Agreement, shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof with respect to the Mortgage Loans or Serviced Whole Loans that it is servicing. For purposes of distributions to Certificateholders and compensation to the Master Servicer, the Special Servicer or the Trustee, Property Advances shall not be considered to increase the Stated Principal Balance of any Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so provide.
Property Advances. (a) The Master Servicer (or, to the extent provided in Section 3.22(b), the Trustee or the Fiscal Agent or, to the extent specifically provided for in this Agreement, the Special Servicer) shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof. With respect to the Americold Pool Loan, determinations with respect to any Property Advances shall be made in accordance with the terms of the Co-Lender Agreement. The Master Servicer (and if the Master Servicer fails to do so, the Trustee or the Fiscal Agent) shall make Property Advances to pay any amounts required as reimbursements of Property Advances under the terms of the Co-Lender Agreement. For purposes of distributions to Certificateholders and compensation to the Master Servicer, Special Servicer or Trustee, Property Advances shall not be considered to increase the principal balance of any Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so provide.
Property Advances. (a) The Servicer (or, to the extent provided in Section 3.24(b), the Trustee or the Fiscal Agent or, to the extent specifically provided for in this Agreement, the Special Servicer) shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof. For purposes of distributions to Certificateholders and compensation to the Servicer, Special Servicer or Trustee, Property Advances shall not be considered to increase the principal balance of any Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so provide.
Property Advances. (a) The Master Servicer (or, to the extent provided in Section 3.24(b), the Trustee or the Fiscal Agent) shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof. The Master Servicer shall not be required to make Property Advances with respect to the Group 1 Mortgage Loan unless the Xxxxxx Servicer fails to make an advance pursuant to the Xxxxxx Servicing Agreement or a Property Advance that falls within the definition of "Property Advance" under this Agreement.
Property Advances. (a) The Servicer (or, to the extent provided in Section 3.22(b), the Custodian or Fiscal Agent) shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof.
Property Advances. (a) The Master Servicer (or, to the extent provided in Section 3.22(b), the Trustee or the Fiscal Agent) shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof. The Special Servicer shall give the Master Servicer and the Trustee not less than five Business Days' written (facsimile) notice before the date on which the Master Servicer is requested to make any Property Advance with respect to a given Mortgage Loan or REO Property; provided, however, that only two Business Days' written (facsimile) notice shall be required in respect of Property Advances required to be made on an urgent or emergency basis (which may include, without limitation, Property Advances required to make tax or insurance payments). In addition, the Special Servicer shall provide the Master Servicer and the Trustee with such information in its possession as the Master Servicer or the Trustee, as applicable, may reasonably request to enable the Master Servicer or the Trustee, as applicable, to determine whether a requested Property Advance would constitute a Nonrecoverable Advance. For purposes of distributions to Certificateholders and compensation to the Master Servicer or Trustee, Property Advances shall not be considered to increase the principal balance of any Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so provide.
Property Advances. (a) The Master Servicer (or, to the extent provided in Section 3.22(b), the Trustee or, to the extent specifically provided for in this Agreement, the Special Servicer) shall make any Property Advances as and to the extent otherwise required pursuant to the terms hereof. Any Property Advance required to be made by the Special Servicer in accordance with the terms of this Agreement shall, at the Special Servicer's option, either (i) be paid by the Master Servicer upon the request of the Special Servicer or (ii) shall be made by the Special Servicer who shall be reimbursed by the Master Servicer on a monthly basis, and in each case such payments and reimbursements by the Master Servicer shall be treated for all purposes hereunder as a Property Advance. The Special Servicer shall submit not more than one such request in each calendar month unless the request relates to an extraordinary expense. In the event that the Master Servicer fails to pay or reimburse the Special Servicer for any Property Advance made by the Special Servicer the Trustee shall reimburse the Special Servicer for such Property Advance in the same manner as all other Property Advances. For purposes of distributions to Certificateholders and compensation to the Master Servicer, Special Servicer or Trustee, Property Advances shall not be considered to increase the principal balance of any Mortgage Loan, notwithstanding that the terms of such Mortgage Loan so provide.
